irregularity


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Irregularity

A defect, failure, or mistake in a legal proceeding or lawsuit; a departure from a prescribed rule or regulation.

An irregularity is not an unlawful act, however, in certain instances, it is sufficiently serious to render a lawsuit invalid. For example, a number of states have statutes that require the appointment of a guardian to represent the interests of a child who is being sued. The failure to do so is an irregularity that can be used as a ground for invalidating and setting aside a judgment entered against the child.

In other cases, however, the flaw might be a simple Harmless Error that can be easily rectified, and, therefore, does not render the proceeding invalid.

irregularity

noun aberrance, aberrancy, aberration, abnormality, abnormity, anomaly, asymmetry, breach, changeableness, confusion, crookedness, desultoriness, disarrangement, discontinuity, disorder, distortion, divergence, eccentricity, exception, idiosyncrasy, illegality, imperfection, improperness, inconsistency, infringement, intermittence, jaggedness, lack of order, lack of propriety, lack of symmetry, lawlessness, lumpiness, malformation, malfunction, mutability, oddity, oddness, peculiarity, rarity, roughness, solecism, strangeness, turbulence, unconformity, unevenness, uniqueness, unnaturalness, unorthodoxy, unruliness, unsmoothness, unsteadiness, unusualness, variability, variableness, variation, want of method, wildness
See also: confusion, deviation, disorder, diversity, entanglement, exception, exclusion, inequality, informality, misapplication, miscue, misdoing, nonconformity, quirk

IRREGULARITY, practice. The doing or not doing that in the conduct of a suit at law, which, conformably with the practice of the court, ought or ought not to be done.
     2. A party entitled to complain of irregularity, should except to it previously to taking any step by him in the cause; Lofft. 323, 333; because the taking of any such step is a waiver of any irregularity. 1 Bos. k Phil. 342; 2 Smith's R. 391; 1 Taunt. R. 58; 2 Taunt. R. 243; 3 East, R. 547; 2 New R. 509; 2 Wils. R. 380.
     3. The court will, on motion, set aside proceedings for irregularity. On setting aside a judgment and execution for irregularity, they have power to impose terms on the defendant, and will restrain him from bringing an action of trespass, unless a strong case of damage appears. 1 Chit. R. 133, n.; and see Baldw. R. 246. Vide 3 Chit. Pr. 509; and Regular and Irregular Process.
     4. In the canon law, this term is used to signify any impediment which prevents a man from taking holy orders.

References in periodicals archive ?
This would require the protestor to prove both that the irregularity was material and that it was disadvantaged by the post-bid-opening correction of the low contractor's bid.
Recommendation: The Secretary of Defense should direct the Secretaries of the Army and Navy to identify mechanisms for the regular sharing of the recruiter irregularity data throughout all levels of command.
Video gait analysis is the ideal means of telling whether a runner has a gait irregularity.
This paper presents an upgraded mathematical formulation of vacuum kinematics and an elaboration on the concept of the vacuum state's temporal irregularity.
The maximum possible irregularity occurs when all eight blocks appear equally often.
This irregularity was unveiled in 2012-13 audit report in which audit officials raised questions and sought explanation from relevant authorities.
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Revelation of an accounting irregularity or fraud, with its inevitable impact on a company's stock price and reputation--as well as the "follow-on" shareholder lawsuits and SEC problems--can be disastrous for a company.
Another approximation is the introduction of the resultant vacuum state irregularity whereby the irregularities of all aggregate members are related to the resultant vacuum state irregularity.
A defense expert testified during the trial that the baby died of an irregularity in her lungs.
Fitch believes management has taken the necessary steps in addressing this irregularity.
20 crore from those who committed corruption and irregularity.