surprise


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Surprise

An unexpected action, sudden confusion, or an unanticipated event.

As a ground for a new trial, surprise means the condition in which a party to a lawsuit is unexpectedly placed and that is detrimental to that party's case. The situation must be one that the party could not reasonably have anticipated and that could not be guarded against or prevented.

When a party is taken by surprise by the testimony of his or her own witness, the party may be permitted to discredit the witness by showing that the witness made prior contradictory or inconsistent statements.

surprise

noun admiratio, amazement, astonishment, astoundment, bafflement, bewilderment, consternation, lack of warning, miratio, shock, unexpected event, unexxected occurrence, unforeseen contingency, unforeseen event, unforeseen occurrence, unsuspected event, unusual occurrence, wonder, wonderment
Associated concepts: take an opposing party by surprise
See also: bombshell, fortuitous, overwhelm, unforeseeable, unforeseen

SURPRISE. This term is frequently used in courts of equity and by writers on equity jurisprudence. It signifies the act by which a party who is entering into a contract is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised. 2 Bro. Ch. R. 150; 1 Story, Eq. Jur. Sec. 120, note. Mr. Jeremy, Eq. Jur. 366, seems to think that the word surprise is a technical expression, and nearly synonymous. with fraud. Page 383, note. It is sometimes, used in this sense when it is deemed presumptive of, or approaching to fraud. 1 Fonb. Eq. 123 3 Chan. Cas. 56, 74, 103, 114. Vide 6 Ves. R. 327, 338; 2 Bro. Ch. R. 826; 16 Ves. R. 81, 86, 87; 1 Cox, R. 340; 2 Harr. Dig. 92.
     2. In practice, by surprise is understood that situation in which a party is placed, without any default of his own, which will be, injurious to his interest. 8 N. AS. 407. The courts always do everything in their power to relieve a party from the effects of a surprise, when he has been diligent in endeavouring to avoid it. 1 Clarke's R. 162; 3 Bouv. Inst. n. 3285.

References in classic literature ?
I thought I had fixed up a little surprise for this occasion, but it don't amount to anything now.
After a short silence which succeeded the first surprise and enquiries of meeting, Marianne asked Edward if he came directly from London.
Other eyes were upon Meriem, too--eyes in which were no less surprise than that reflected in the yellow-green orbs of the carnivore.
No surprise of strangeness could equal the surprise of that complete familiarity.
As the company recovered from their surprise, they began to feel annoyed at this intrusion.
The surprise was now complete; for, in spite of whatever his consciousness might suggest, a suspicion of his having any such views had never entered his sister's imagination; and she looked so truly the astonishment she felt, that he was obliged to repeat what he had said, and more fully and more solemnly.
Blanche with an elegant, ceremonious bow as, under cover of an unwonted modesty, she endeavoured to express, both in face and figure, her extreme surprise at such strange behaviour on the part of the Grandmother.
This question was made with such apparent good faith, and the gentleman wore an air of such natural surprise, that the three officers exchanged a meaning look.
The like surprise may be made by moving things, when the party is in haste, and cannot stay to consider advisedly of that is moved.
The young man, who was dining alone with his mother and sister, glanced up in surprise and saw Mrs.
As far as Gania was concerned, it might have been supposed that the news had come through Varvara Ardalionovna, who had suddenly become a frequent visitor of the Epanchin girls, greatly to their mother's surprise.
The princess, who had never liked Pierre and had been particularly hostile to him since she had felt herself under obligations to him after the old count's death, now after staying a short time in Orel- where she had come intending to show Pierre that in spite of his ingratitude she considered it her duty to nurse him- felt to her surprise and vexation that she had become fond of him.