Scandal
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
3 1.
In scandalum magnatum, words spoken in derogation of a peer, judge, or other high officer of the realm. Formerly, more reprehensible than defamation of a common or private person.* " Scandal " and " slander " mean the same thing in law.
Esclandre in 3 Edw. I, c.
34, is translated slander in the statute book.^
See Slander.
3.
An allegation in a pleading in equity which is expressed in language derogatory to the dignity of the court, or which charges an ofl Eense irrelevant to the merits of the cause. The allegation in a bill in equity of anything which is unbecoming the dignity of the court to hear, or which is contrary to good manners, or which charges some person with a crime not necessary to be shown in the cause.* A party may refuse to answer a pleading which contains scandalous matter till the same is expunged ' in pursuance of the report of a master appointed for the purpose.^ But nothing which is positively relevant to the merits of the cause, however harsh or gross the charge, can be treated as scandalous.
If, technically, matter ' 2 Story, Eq. %% 1099-1123. See also Exp. Pye, 18 Tes. Jr. 140 (1811), Eldon, L. Ch.; Exp. Pye (Chancey's Case), 2 W. & T., L. C. Eq. 753-833, cases; 1 Pom. Eq. §§531,e<see. ■' 1 Bl. Com. 89. 3 Grr. scdndalon^ a snare; a stumbling-block, an offense. 4 3 Bl. Com. 133; 1 id.
402; B Coke, R. *125. ' Sharif V. Commonwealth, 3 Binn. •519 (1810). is scandalous, it is also impertinent. A bill may be " referred " for scandal at any time; even u^on application of a stranger. Scandal tends to injure by making records the means of perpetuating libelous and malignant slanders.^
See Impertinence.