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, 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 ?
When the prevalence of each of the menstrual irregularity was compared between the normal and obese girls, the significance was assessed after adjusting the P values using Bonferroni test.
Arbitrary and capricious essentially means that the agency had no rational basis upon which to make its decision to waive the irregularity or allow the winning bidder to correct the irregularity.
The second question we address is how rapidly investors adjust to earnings information for companies with accounting irregularity allegations.
Recommendation: The Secretary of Defense should direct the Under Secretary of Defense for Personnel and Readiness to include the appropriate disclosures concerning data limitations in the recruiter irregularity reports that OSD produces on the basis of the National Guard data for the Congress and others.
For anyone trying to understand and correct a gait irregularity, confusion can result when we talk about over-pronation as the "excessive inward roll of the foot." Does "inward roll" refer to a foot whose lateral (outer) side lands first (and rolls off it), or does the medial (inner) side land first--as in a gait that favors the inner edge?
When an irregular target was introduced in Sessions 2 and 3, the data points around the irregularity were not averaged, so only raw data were analyzed just before and after the irregularity, The data were analyzed with analyses of variance (ANOVAs).
An analysis of the bar chart shows the sample data deviate from Benford's predictions for second-digit frequencies--further evidence of irregularity.
This paper presents an upgraded mathematical formulation of vacuum kinematics and an elaboration on the concept of the vacuum state's temporal irregularity. Also, it presents discussion of motion, electrodynamics, and gravity in terms of vacuum kinematics.
The maximum possible irregularity occurs when all eight blocks appear equally often.
'The evidence of irregularity in an election is that there would be a radical difference between the physical count of the ballots and results of the ballots as reflected on the returns and the number of votes as they were proclaimed,' he said.
A case of irregularity in the purchase of various types of Hume pipes was noticed in Project Vartak (44 BRTF) of Border Roads Organisation (BRO) for which an internal Court of Inquiry has been ordered by BRO in October 2014.