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Simple English definitions for legal terms
omnibus count
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A quick definition of omnibus count:
An omnibus count is a part of a legal document that charges someone with a specific crime or claim. It can be used in different types of cases, such as civil or criminal. Sometimes, multiple counts are included in one document. An omnibus count can also refer to a type of canvassing or the initial pleading in a real estate case. In patent applications, it defines the subject matter in a priority contest. To count means to state the facts that support a claim in a legal document or to argue a case in court.A more thorough explanation:
Definition: A part of an indictment or complaint that charges the suspect with a distinct offense or states a distinct claim. It can also refer to a canvassing or the plaintiff's initial pleading in a real action.
Examples:
- Common count: In a plaintiff's pleading for debt, the common count is a standard language that is not based on the individual case's circumstances. It is used to guard against a possible variance and to enable the plaintiff to take advantage of any ground of liability that the proof may disclose.
- Omnibus count: A count that combines all money claims, claims for goods sold and delivered, claims for work and labor, and claims for an account stated into one count.
- Special count: A section of a pleading in which the plaintiff's claim is stated with great particularity, usually employed only when the pleading rules require specificity.
The examples illustrate how an omnibus count can be used in different legal contexts, such as in a plaintiff's pleading for debt or in a criminal indictment. It is a way to simplify the legal process by combining multiple claims or offenses into one count, making it easier to understand and manage.