joint tenant

In Commonwealth Caribbean jurisdictions, apart from Belize, the pre-1926 co-ownership rules apply. Under these rules, both joint tenancies and tenancies in common can exist at law in equity as legal estates and equitable interests respectively. The possibility of creating tenancies in common at law is extremely inconvenient for conveyancers, as the effect of the fragmentation of the legal estate between numerous tenants in common is that each individual title must be investigated before a good title can be transferred to a purchaser of the land. To avoid this problem, the 1925 legislation in England and Wales provided that tenancies in common of the legal estate could no longer exist. The legal title henceforth had to be held by trustees as joint tenants on trust for sale for the benefit of the beneficiaries, who may be either joint tentants or tenants in common of the beneficial (equitable) interest.

2014, Gilbert Kodilinye, Commonwealth Caribbean Property Law, →ISBN, page 105:

(law) One of the owners of an asset that is mutually owned by joint tenancy.


tenant in common

en-noun

tenant in common (plural tenants in common)

An undivided interest means that the tenant in common has a share in the whole and not ownership of a separate portion.

2002, William H. Pivar, Robert Bruss, California Real Estate Law, →ISBN, page 245:

(law) One of the owners of an asset that is mutually owned by tenancy in common.


joint tenancy

The act of 1821, “concerning partition and joint rights and obligations,” undertook to deal only with joint tenancies and tenancies in common, held by the tenants in their own rights or in right of their wives.

1894, Norman L. Freeman, Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois, volume 148:

Whether it is a tenancy in common or a joint tenancy, there are several ways to end the co-ownership.

2001, Gerald R. Cortesi, Mastering Real Estate Principles, →ISBN, page 132:

In Commonwealth Caribbean jurisdictions, apart from Belize, the pre-1926 co-ownership rules apply. Under these rules, both joint tenancies and tenancies in common can exist at law in equity as legal estates and equitable interests respectively.

(law) A form of ownership by two or more individuals in which the share in the asset belonging to any of the owners passes automatically to the other owners upon death, without requiring probate.


tenancy in common

tenancy in common (plural tenancies in common)

(law) A form of ownership by two or more individuals in which each owner has a distinct, separately transferable interest which does not pass to the other owner or owners upon death.


ViSOR

(UK, law) Initialism of Violent and Sexual Offenders Register.


sunset clause

A sunset clause in this act says the tax exemption will expire on the thirtieth day after the effective date of the act.

(law) A provision of a law which says the law or something under it, as an agency or benefit established by it, will come to an end on a particular date or after a particular period of time.


aquaehaustus

(law, Scotland) The right of servitude to enter a property in order to take water from the river, loch, well or other source on the burdened property.


trial de novo

(law) A new trial in which the court or tribunal proceeds as though the original trial had not taken place.


Easter term

Easter + term. The word Easter is from Old English ēastre, apparently from Ēastre (“the name of a goddess whose festival was celebrated at the vernal equinox”), from Proto-Germanic *Austrǭ. The Christian feast day of Easter, which falls between 22 March and 25 April, often occurs during this term.

(law) The third term of the legal year, running from April to May, during which the upper courts of England and Wales, and Ireland, sit to hear cases.


Trinity term

The Christian feast day of Trinity Sunday, the first Sunday after Whitsunday or Pentecost, occurs during this term; it falls at the end of May or in early June.

[Order] XIX. That whenever the time allowed for any of the following purposes, that is to say, for amending any bill, for filing, delivering, and referring exceptions to any answer, or for obtaining a Master's report upon any exceptions, would expire in the interval between the last seal after Trinity term and the first seal before Michaelmas term, or between the last seal after Michaelmas term and the first seal before Hilary term, such time shall extend to and include the day of the general seal then next ensuing.

1845, R. Levinge Swift, “Appendix. Lord Lyndhurst’s Orders of 3rd April, 1828, (Amended by Lord Brougham’s Orders, 23rd November, 1831.)”, in The Orders of the High Court of Chancery, from Hilary Term 1828 to Trinity Term 1845, as at Present Applicable to the Practice: With the Cases Decided under each Order, London: Owen Richards, law bookseller and publisher, 194. Fleet-Street, →OCLC, pages 8–9:

(law) The fourth and final term of the legal year, running from May to July, during which the upper courts of England and Wales, and Ireland, sit to hear cases.


vel non

The undocumented status of these children vel non does not establish a sufficient rational basis for denying them benefits that the State affords other residents.

June 1982, United States Supreme Court, Plyler v. Doe

(especially law) or not; used when discussing the existence or nonexistence of a condition, circumstance, etc


Michaelmas term

Michaelmas term (plural Michaelmas terms)

Michael (archangel)
Royal Courts of Justice

From Michaelmas + term; Michaelmas is from Michael (“the name of the biblical archangel”) + -mas (suffix indicating a holiday or sacred day), meaning the feast day of St Michael. Michael is derived from Late Latin Michahel, from Koine Greek Μιχαήλ (Mikhaḗl), from Biblical Hebrew מִיכָאֵל (mîḵāʾēl, “who is like God?”); while -mas is from mass, from Middle English masse, from Old English mæsse (“mass (celebration of the Eucharist)”), from Vulgar Latin *messa (“Eucharist; dismissal”), from Late Latin missa, a noun use of the feminine past participle of Latin mittere, the present active infinitive of mittō (“to dispatch, send; to discharge, release; to dismiss”), possibly ultimately from Proto-Indo-European *meytH- (“to exchange”). The Christian feast day of Michaelmas, 29 September, occurs a few days before the start of this term.

der

A Rule was made for the Plaintiff to ſhew Cauſe why the Trial ſhould not be reſpited till Michaelmas''' Term next upon Affidavits that a material Witneſs for Defendant was gone to Sea, and was not expected home till Auguſt next. […] Per Cur[iam]: Let the Rule be abſolute, it being ſworn that the Witneſs is not expected to return till Auguſt next. The Trial muſt be put off till Michaelmas''' Term, without farther motion.

1772, Henry Barnes, “Stratford against Marshall”, in Notes of Cases in Points of Practice Taken in the Courts of Common Pleas at Westminster; from Michaelmas Term 1732, to Hilary Term 1756 inclusive. […], 2nd edition, London: […] W[illiam] Strahan and M. Woodfall, […]; for William Owen, […], →OCLC, pages 440–441:

In Robinson v. Taylor, 5 Dowl. 518, which was a country cause, and issue had been joined in Easter vacation; no notice of trial for the summer assizes; it was held that it was not too early to move in the following Michaelmas term.

1839, Charles [Favell Forth] Wordsworth, “Cases Determined upon the New Rules and Statutes since the Publication of the Last Edition”, in Supplement to the Rules of Court, from Michaelmas Term, 1830, to the Present Time, including those on Pleading; […], London: A. Maxwell, […], →OCLC, page ccccv:

1845, R. Levinge Swift, “Appendix. Lord Lyndhurst’s Orders of 3rd April, 1828, (Amended by Lord Brougham’s Orders, 23rd November, 1831.)”, in The Orders of the High Court of Chancery, from Hilary Term 1828 to Trinity Term 1845, as at Present Applicable to the Practice: […], London: Owen Richards, […], →OCLC, pages 8–9:

(law) The first term of the legal year, running from October to December, during which the upper courts of England and Wales, and Ireland, sit to hear cases.


Associate Justice

en-noun

Associate Justice (plural Associate Justices)

(US, law) A member of a judicial panel who is not the chief justice.


pros ton kairon

Transliteration of the Ancient Greek πρὸς τὸν καιρόν (pròs tòn kairón).

der

πρὸς τὸν καιρόν


confidential informant

en-noun

confidential informant (plural confidential informants)

(law, law enforcement, criminology) An individual who secretly provides information to the police about wrongdoing which they are aware of due to the individual's relationship to the wrongdoer.

indic

person who secretly provides information to the police


restrictive practice

restrictive practice (plural restrictive practices)

(law, business, derogatory) In antitrust law, any practice that restricts other business, such as price fixing, market sharing, monopolizing, or attempting to monopolize markets.


oral argument

(law) A portion of a legal proceeding wherein the attorneys present their argument by speaking directly to the judge and answering the judge's questions.


a vinculo matrimonii

Learned borrowing from Latin a vinculo matrimonii (“from the bond of marriage”).

lbor

These courts never granted divorces a vinculo matrimonii, which permit either—or both—of the divorced persons to contract a fresh marriage […]

1882, Annie Besant, Marriage, As It Was, As It Is, And As It Should Be: A Plea For Reform, second edition, London: The Freethought Publishing Company, page 38:

It includes both the complete abrogation of the marriage relation known as a divorce a vinculo matrimonii, which carries with it a power on the part of both parties to the marriage to remarry other persons or each other […]

1911, “Divorce”, in Encyclopædia Britannica, 11th edition, volume 8, New York, N.Y.: Encyclopædia Britannica, Inc., page 334:

(law, of a divorce) Describing an absolute divorce, after which the parties may remarry.


a vinculo matrimonii

The woman divorced a vinculo matrimonii, receives again all that ſhe brought with her: […]

1741, “Divorce”, in Ephraim Chambers, editor, Cyclopædia, or an Universal Dictionary of Arts and Sciences, fifth edition:


chancel repair liability

(British, law) the legal requirement for homeowners to pay for their local church's repairs


penal law

en-noun

penal law (countable and uncountable, plural penal laws)


CBO

criminal behaviour order
w:criminal behaviour order

(law, England and Wales) Initialism of criminal behaviour order.


attendable

Under the English practice, it was usual to issue separate warrants, attendable at different days.

1876, William Leggo, The Practice of the Court of Chancery for Ontario:


Markush group

(US, law) Any of the functionally equivalent chemical entities referenced in a Markush claim.


law of obligations

(law) A branch of private law under civil-law legal systems concerning the rights and duties arising between individuals.

velvoiteoikeus

The area of law pertaining to the rights and duties that arise from agreements


contract law

(law) The area of law pertaining to the rights and duties that arise from agreements.


first-sale doctrine

(US, law) A legal doctrine that limits the rights of a copyright or trademark owner by allowing certain forms of distribution, such as enabling individuals to sell legally purchased copyrighted works to others.


tax law

(law) The area of law pertaining to the statutory and regulatory rules applicable to taxation.


family law

(law) The area of private law pertaining to family matters and domestic relations.


fiscal law

(law) The area of law pertaining to public finances.


contractualize

en-verb

contractualize (third-person singular simple present contractualizes, present participle contractualizing, simple past and past participle contractualized)

contractualizes (present singular third-person)
contractualizing (participle present)
contractualized (participle past)
contractualized (past)

This approach would contractualize the East's very large numerical advantages in most types of major armaments in the area.

1977, American Foreign Policy Current Documents, page 460:

During the consensus-building stage, the program design unit identifies potential program partners and begins to formalize their role in the project and contractualize their contribution.

2003, Ivo Imparato, Jeff Ruster, Slum Upgrading and Participation: Lessons from Latin America, page 157:

What promises or agreements should the law contractualize (or decontractualize)? For example, should the law contractualize so-called gratuitous or unbargained-for promises—promises that are not supported by consideration?

2011, Hanoch Sheinman, Promises and Agreements: Philosophical Essays, page 35:

(law) To represent, model or formalize an agreement, intent or understanding within a legal framework or contract


preliminary ruling

en-noun

preliminary ruling (plural preliminary rulings)

(European Union law) A decision of the European Court of Justice (ECJ) on the interpretation of European Union law, made at the request of a court or tribunal of a European Union member state.


usufruction

The antecedent circumstances show that the natural right always appertaining to the early inhabitants of the shores of this river, above the Canadian line, to navigate it, has once been fortified by joint conquest, and by subsequent joint usufruction.

1828 January 7, “(B.) American Paper on the Navigation of the St. Lawrence, (18th Protocol.)”, in Navigation of the St. Lawrence. Message from the President of the United States, Transmitting a Report from the Secretary of State, and the Correspondence with the Government of Great Britain, Relative to the Free Navigation of the River St. Lawrence (House of Representatives, 20th Congress, 1st session; doc. no. 43), Washington, D.C.: Printed by Gales & Seaton, →OCLC, page 40:

The land cultivated by the peasant therefore was divided into two principal categories: / 1. That in which he had rights of property; / 2. That in which he had only rights of usufruction. […] As regards the land in which the peasant had only rights of usufruction, it was divided into two principal categories: / 1. Land in which the peasant had hereditary rights of usufruction, and could transmit his holding to his descendants and his collaterals, according to the common law of inheritance; / 2. Land in which the occupier was only a tenant for life, or for a term of years, or at will.

1870, R[obert] B[urnett] D[avid] Morier, “The Agrarian Legislation of Prussia during the Present Century”, in Systems of Land Tenure in Various Countries. A Series of Essays Published under the Sanction of the Cobden Club, London: Macmillan and Co., →OCLC, page 296:

The use of the property of an orphan by a guardian who carries out his guardianship, is allowed for the latter's daily subsistence. Such use should be just and reasonable. […] According to al-Sha'bá, such just and reasonable use is like usufructing the milk of cattle, having services from servants and riding animals or vehicles, as long as such usufruction does not impair or damage the property itself.

1994, Abdullah Alwi Haji Hassan, “Loans, Deposit and al-Ḥajr”, in Sales and Contracts in Early Islamic Commercial Law, Islamabad: Islamic Research Institute, International Islamic University, (Islamic Research Institute, Islamabad; no. 92), →OCLC; republished Petaling Jaya, Selangor, Malaysia: The Other Press, 2007, page 199

(law) The condition or state of possessing a usufruct.


inheritance law

(law) The area of law pertaining to passing on property, titles, debts, rights, and obligations upon the death of an individual.

繼承法

Area of plaw pertaining to passing on property, titles, debts, rights, and obligations upon the death of an individual


fact pattern

This simulation has four separate fact patterns, each followed by five legal conclusions relating to the fact pattern preceding those five numbered legal conclusions.

2007, Patrick R. Delaney, O. Ray Whittington, Wiley CPA Examination Review 2007-2008, Problems and Solutions, →ISBN:

Lack of desire to hurt is no defense: Beware a common trap: the fact pattern indicates that D did not want to harm (or at least physically injure) anyone. This doesn't matter — it's still f.m. if the death proximately results from the felony.

2007, Steven L. Emanuel, Criminal Law, →ISBN, page 293:

While you will have to make immediate decisions and take actions, the crisis fact pattern will most likely be incomplete and will contain wrong information.

2014, Bruce T. Blythe, Blindsided: A Manager's Guide to Crisis Leadership, →ISBN:

In contrast, the problem with the common law approach is that it swings too far in the opposite direction, identifying everyone in the fact pattern, regardless of mental state, hierarchical position or level of contribution, as being a member of a massive JCE or conspiracy.

2014, Elies van Sliedregt, Sergey Vasiliev, Pluralism in International Criminal Law, →ISBN:

(law) A set of relationships that have been established for an event from which a legal conclusion can be drawn.


transitional provision

transitional provision (plural transitional provisions)

(law) A statutory provision that regulates a process that starts before an amendment or enactment of the statute comes into force, and ends after the amendment or enactment of the statute has come into force.


tort law

(law) The area of law dealing with wrongful acts, whether intentional or negligent, regarded as non-criminal and unrelated to contracts, which cause injuries and can be remedied in civil courts, usually through the awarding of damages.

vahingonkorvausoikeus

area of law dealing with wrongful acts, regarded as non-criminal and unrelated to contracts, which cause injuries


Griswold

(US, law, sexuality, US politics, informal, uncountable) Ellipsis of Griswold v. Connecticut. A 1965 U.S. Supreme Court case that legalized contraception, allowing access to contraceptives for married couples; and reaffirmed the existence of a right to privacy under due process following the 14th Amendment.


rocket docket

(US, law) A court or other tribunal that is noted for the speedy disposition of cases.


drag-along right

drag-along right (plural drag-along rights)

(law) The right of a majority shareholder, when selling his/her stake, to force minority shareholders to join the deal and sell their stakes according to the same terms and conditions.


prayer for relief

prayer for relief (plural prayers for relief)

(law) The portion of a complaint in which the plaintiff describes the remedies sought from the court, such as damages or an injunction.


lawbot

(computing, law) A piece of software designed to complete minor but repetitive legal tasks automatically or on command.

(computing, law) A piece of software designed to retrieve legal information automatically or on command.


Witherspoon-excludable

In reference to the legal case Witherspoon v. Illinois.

(US, law) A person who is utterly opposed to capital punishment and therefore may be excluded as a juror.


Archbold

w:Archbold Criminal Pleading, Evidence and Practice

(law) Short for Archbold Criminal Pleading, Evidence and Practice.


cross-appeal

(law) An appeal to one court to review the decision of another.


cross-appeal

en-verb

cross-appeal (third-person singular simple present cross-appeals, present participle cross-appealing, simple past and past participle cross-appealed)

cross-appeals (present singular third-person)
cross-appealing (participle present)
cross-appealed (participle past)
cross-appealed (past)

(intransitive, law) To appeal to one court to review the decision of another.


geographical indication

en-noun

geographical indication (plural geographical indications)

(law) a name or sign used on products which corresponds to a specific geographical location or origin


RTK

A related body of law in the United States, falling under the categories of Right to Know (RTK), freedom of information, and government in the sunshine, have affected open information policies at all levels of government across many different categories.

2018, Patrick McHaffie, Sungsoon Hwang, Cassie Follett, GIS: An Introduction to Mapping Technologies, CRC Press, →ISBN:


worthiest of blood

worthiest of blood (plural worthiest of blood)

(UK, law) A male rather than a female, when legally favoured as a successor.


NRB

(UK, taxation and law) Initialism of nil-rate band.


go equipped

en-verb

go equipped (third-person singular simple present goes equipped, present participle going equipped, simple past went equipped, past participle gone equipped)

goes equipped (present singular third-person)
going equipped (participle present)
went equipped (past)
gone equipped (participle past)

From the heading of section 25 of the Theft Act 1968: "Going equipped for stealing, etc."

Would I go equipped? You can get a stiff sentence for that! I've got a couple of skeleton keys, I don't deny, but I hope we won't need them. There are other ways.

1997, Claire Rayner, Fifth Member (George Barnabas; 4):

They were allegedly carrying cable cutters and a hammer when they were arrested and could face up to 10 years in prison if deemed to have "gone equipped" to commit an offence at the base.

2006 June 1, “Base trespass suspects rearrested”, in BBC News:

A Scotland Yard spokesman said three arrests were for public order offences, one was for possession of an offensive weapon, three were for going equipped and 12 breaches of the peace.

2011 November 9, “Thousands march in student fees protest”, in The Independent:

All had admitted conspiracy to burgle and Talbot also admitted going equipped to burgle and Eldred a breach of a conditional discharge.

2017 February 8, Ian Proctor, “JAILED: Burglars who went equipped with tools, disguises and homemade swag bags”, in The Lancashire Telegraph:

(UK, law and law enforcement, intransitive) To carry tools, weapons or other articles with the intent of using them to commit a crime.


blue light bandit

en-noun

blue light bandit (plural blue light bandits)

(criminology) Someone with criminal intentions who impersonates a police officer on the road using a vehicle that has been modified to appear to be a patrol car.


break clause

(UK, law) A term in a tenancy agreement that allows the tenancy to come to an end before the stated date of termination.


sui iuris

(law) Having the right and the capability to manage one's own affairs


fair trial

(law) A civil or criminal trial that is held in accordance with the laws of the country. In the United States, this includes the right to consult with a lawyer and be judged by a competent, independent and impartial jury and judge.


turning approver

turning approver (plural turning approvers)

(law, India and historically in the British Isles) Someone giving full disclosure about a crime in return for pardon.


IMT

(law, military) Initialism of International Military Tribunal


diminished responsibility

(law) A defense by which the defendant argues that, although they broke the law, they should not be held fully criminally liable, as their mental functions were impaired.


state of nature

state of nature (plural states of nature)

(philosophy, religion, law) The way that people lived before there was any organized society.

luonnontila

the way that people lived before there was any organized society


CFA

conditional fee agreement
conditional fee agreement#English

(law) Initialism of conditional fee agreement.


FUTA

Federal Unemployment Tax Act
w:Federal Unemployment Tax Act

(US, law) Acronym of Federal Unemployment Tax Act.


moron in a hurry

moron in a hurry (plural morons in a hurry)

(UK, law) Any hypothetical person used in a legal test related to trade marks; the "moron in a hurry" is the only person who could reasonably be imagined to confuse two marks.


man on the Bondi tram

(New South Wales, law) Any hypothetical reasonable person used by the Courts when considering questions of reasonableness.


person having ordinary skill in the art

person having ordinary skill in the art (plural persons having ordinary skill in the art or people having ordinary skill in the art)

people having ordinary skill in the art (plural)

(UK, law) A hypothetical person having the normal skills and knowledge in a particular technical field (an "art"), without being a genius; used in a legal test related to patents.


assur

Wool which has been shorn from it or which has fallen off it is assur (prohibited for any beneficial use) and if it becomes mixed with other wool the whole becomes assur (Y.D. 308).

1968, Samson Raphael Hirsch, Horeb: A Philosophy of Jewish Laws and Observances:

In their commentary, the Tosafot conclude that it is assur to inflict a wound in one's body (chovel be'atzmo) even if he benefits from it.

2006, Rabbi Alfred S. Cohen, editor, Journal of Halacha and Contemporary Society, numbers 51–56:

After chatzos it is assur to daven shacharis.

2011 February 23, Philogos, “How To Understand Yeshivish”, in The Forward:


in mitius

(law) Having a retroactive (ex post facto) effect that softens or mitigates a penalty.


DBU

(business, law) Abbreviation of domestic banking unit.


curatory

(law) guardianship; the role of a curator


industrial design right

industrial design right (plural industrial design rights)

intellectual property
intellectual property

(law) an intellectual property right that protects the visual design of objects that are not purely utilitarian


vest in interest

en-verb

vest in interest (third-person singular simple present vests in interest, present participle vesting in interest, simple past and past participle vested in interest)

vests in interest (present singular third-person)
vesting in interest (participle present)
vested in interest (participle past)
vested in interest (past)

(law) To devolve as matter of right without reference to immediate right of possession.


abintestate

(law) inheriting the estate of someone who died without having made a will


strict liability

(law) A standard of legal liability by which a person can be found liable regardless of intent, fault or negligence.


crime rate

(law, criminology) A measure of incidences of crime in a given area, especially in comparison to its population.


enlevement

en-noun

enlevement (countable and uncountable, plural enlevements)

(law, Scotland, historical) The abduction of a woman or child.


at-will

For instance, if you are operating in an at-will state, it does not necessarily mean that you can fire your at-will employees for no reason at all. State and federal laws regulate terminations. For example, Title VII of the 1964 Civil[…]

2007 February 26, Kerry L. Sommerville, Hospitality Employee Management and Supervision: Concepts and Practical Applications, John Wiley & Sons, →ISBN, page 69:

(law) Having or being affected by employment at will laws.


res gestae

/ˈɹɛs ˈdʒɛstiː/

(law) The overall start-to-end sequence of a felony. Certain statements heard by witnesses during this period (e.g. "this is a robbery!") may be used in evidence despite the usual hearsay rule.


serve notice

en-verb

serve notice (third-person singular simple present serves notice, present participle serving notice, simple past and past participle served notice)

serves notice (present singular third-person)
serving notice (participle present)
served notice (participle past)
served notice (past)

One who desires to assert his right to the possession of a horse by virtue of his lien must ascertain the real owner and serve notice on him.

1894, Leonard Augustus Jones, A Treatise on the Law of Liens, Common Law, Statutory, Equitable and Maritime, →ISBN:

(law) To officially give a legal notice to.


NAGPRA

w:Native American Graves Protection and Repatriation Act

(US, law) Initialism of Native American Graves Protection and Repatriation Act.


family court

(law) A court convened to decide matters and make orders in relation to family law, such as custody of children.


mailbox rule

(US, law) An exception to the general rule of contract law that acceptance of an offer takes place when communicated. Instead, acceptance takes effect when a letter enters the postal system.


tahor

There are also observations in the Talmud that, e.g., tanners stink. However, odor doesn't prevent a person from becoming tahor.

2011 May 31, Yisroel Markov, “Leftwing anti-semitism”, in soc.culture.jewish.moderated (Usenet):


MLAT

mutual legal assistance treaty
mutual legal assistance treaty#English

(law) Abbreviation of mutual legal assistance treaty.


guilty as charged

My evidence will prove beyond a shadow of a doubt that the defendant is guilty as charged!

“Mr Goodie, the jury has found you guilty as charged. May I add that I am extremely disappointed in you,”

2017, David Walliams [pseudonym; David Edward Williams], Bad Dad, London: HarperCollins Children’s Books, →ISBN:

(literally, law) Guilty to the same extent as one is charged; guilty to the court's accusations exactly as they were presented.

syyllinen syytteisiin

guilty to the same extent as one is charged


background check

en-noun

background check (plural background checks)

(business, law) A report on a person’s legal and criminal personal history.


cab-rank rule

(law) The obligation of a barrister (in certain jurisdictions) to accept any work in a field in which they profess themselves competent to practise, at a court at which they normally appear, and at their usual rates.

asianajajalle pakollisia työtehtäviä määräävä periaate


continuing resolution

continuing resolution (plural continuing resolutions)

From continuing + resolution. From being an act of congress (a congressional resolution) which extends the situation.

(US politics, law) An act of Congress which extends the current governmental budget situation through allocation of further funds in the same manner as the current budget, to avoid a government shutdown due to lack of allocated funding.


nisi prius

From Latin nisi prius (“unless previously”), from the first two words of the old Latin writ summoning the juries to appear at Westminster unless, before the day appointed, the judges had come to the county.

(law, historical) In the 19th century, those legal actions tried before judges of the King's Bench Division, and in the early 20th century those actions tried at assize by a judge given a commission.


PIPEDA

w:Personal Information Protection and Electronic Documents Act

(Canada, law) Initialism of Personal Information Protection and Electronic Documents Act.


CAATSA

w:Countering America's Adversaries Through Sanctions Act

(US, law) Initialism of Countering America's Adversaries Through Sanctions Act.


rebail

en-verb

rebail (third-person singular simple present rebails, present participle rebailing, simple past and past participle rebailed)

rebails (present singular third-person)
rebailing (participle present)
rebailed (participle past)
rebailed (past)


GDPR

General Data Protection Regulation
w:General Data Protection Regulation

European Economic Area
European Economic Area

(European Union law) Initialism of General Data Protection Regulation: a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA).

General Data Protection Regulation

2018 EU regulation concerning personal data

Obecné nařízení o ochraně osobních údajů


UPL

(law) Initialism of unauthorized practice of law.


Eisenstadt

en-proper-noun

Eisenstadt (countable and uncountable, plural Eisenstadts)

(US, law, sexuality, US politics, informal, uncountable) Ellipsis of Eisenstadt v. Baird. A 1972 U.S. Supreme Court case that expanded legalized contraception, expanding access to contraceptives to unmarried couples, and effectively legalized premarital sex, under the Equal Protection Clause following the Griswold ruling; and reaffirmed the existence of a right to privacy under due process following the 14th Amendment.


heir by custom

(law) One whose right to inherit as heir is determined by customary modes of descent, such as gavelkind.


entailer

Now, I hold that the devolvee is an heir of entail, and that he is not a direct conveyee of the entailer.

1847, Scotland. Court of Session, Second Series. Cases Decided in the Court of Session..., page 1183:


indictably

Counsel for the accused opposed the application submitting that such an application could be made only where a defendant had either been proceeded against summarily and elected trial by jury, or where proceedings had been laid indictably and a defendant had been committed for trial.

2003, The Abridgement of New Zealand Case Law, number 5, page 358:


forced heir

(law) A person who, under the laws of a particular jurisdiction, can not be disinherited, even by a will.


forced heirship

en-noun

forced heirship (plural forced heirships)

(law) The circumstance of a forced heir existing.


SPA

SPA (countable and uncountable, plural SPAs)

special power of attorney
w:special power of attorney

(law) Initialism of special power of attorney.


VOP

VOP (countable and uncountable, plural VOPs)

(law) Initialism of violation of probation.


decorporate

en-verb

decorporate (third-person singular simple present decorporates, present participle decorporating, simple past and past participle decorporated)

decorporates (present singular third-person)
decorporating (participle present)
decorporated (participle past)
decorporated (past)

The company was decorporated in 2000.

(law) To legally revoke the registration or charter of a corporate entity.


strict construction

en-noun

strict construction (plural strict constructions)

(US, law) A narrow interpretation of a law, especially a law that contains ambiguity


OPCW

w:Organisation for the Prohibition of Chemical Weapons

(law, military) Initialism of Organisation for the Prohibition of Chemical Weapons.


paper book

(law, England), A document prepared in English legal practice containing a record or summary of the pleadings.


contrectation

contrectation (countable and uncountable, plural contrectations)

Learned borrowing from Latin contrectātio, from contrectō (“to touch”).

lbor

Most animals have no desire for contrectation. In man the impulse of contrectation is the more important. If the individual practises total abstinence, i. e., if he abstains even from the gratification of the impulse of contrectation, then ...

1915, Bernard Simon Talmey, Love, a Treatise on the Science of Sex-attraction, page 107:

Not to spoil his pleasure she allowed him the most intimate contrectations, stopping short only at cunnilingus. At the same time she herself did not experience the least trace of erotic libido.

1916, American journal of urology and sexology, volume 12, page 165:

(medicine, law) The initial stage of the sexual act involving manual contact and tumescence; sexual foreplay.


Federal

(chiefly US, law) Alternative form of federal


petit treason

(law, archaic) The crime of a subordinate killing a superior (other than the sovereign, which would constitute high treason): a servant killing his master, a wife killing her husband, etc.; and, earlier, certain lesser crimes of subordinates against superiors.


disapplication

en-noun

disapplication (countable and uncountable, plural disapplications)

(law) exemption from a legal requirement


right of drip

(law) The legal right to allow the drips from one's roof to fall on another person's land.


ICTY

(law) Initialism of International Criminal Tribunal for the former Yugoslavia (abbreviation of the shorter name of the ʺInternational Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991ʺ)


RMU

Three principal types of emission credits may also be traded under this regime: (a) the “emission reduction unit” (ERU); (b) the “certified emission reduction” (CER); and (c) the “removal unit” (RMU). Each ERU, CER, and RMU is an entitlement to emit the equivalent of one metric ton of carbon dioxide into the atmosphere. […] Finally, RMUs are generated by certain land use and forestry activities that increase sink capacity.

2014, John G Sprankling, “Rights in Airspace and Outer Space”, in The International Law of Property, Oxford University Press, →ISBN, page 174:


ERU

Three principal types of emission credits may also be traded under this regime: (a) the “emission reduction unit” (ERU); (b) the “certified emission reduction” (CER); and (c) the “removal unit” (RMU). Each ERU, CER, and RMU is an entitlement to emit the equivalent of one metric ton of carbon dioxide into the atmosphere. […] ERUs stem from “joint implementation” measures undertaken pursuant to Article 6 of the Kyoto Protocol.¹²

emission reduction unit
emission reduction unit#English

(law) Initialism of emission reduction unit.


queen for a day

In reference to the US radio and television show Queen for a Day, in which female contestants described their recent hardships.

(US, law, attributive) Describing a proffer letter agreement.


proffer letter

(US, law) A written agreement between a prosecutor and a defendant or prospective witness, allowing the latter to give the prosecutor information about an alleged crime, while limiting the prosecutor's ability to use that information against them.


mistry

en-verb

mistry (third-person singular simple present mistries, present participle mistrying, simple past and past participle mistried)

mistries (present singular third-person)
mistrying (participle present)
mistried (participle past)
mistried (past)

From mis- + try, as a back-formation from mistrial.

Having considered the aforementioned general principles and measured the improprieties of the Crown’s opening against those of the other cases noted above, I decided not to mistry this case, but, rather, to issue a corrective instruction.

2012 October 19, Ontario Superior Court of Justice, R. v. Khairi, retrieved 2018-04-28:

(transitive, law) To declare a mistrial in (a court case).


repeat offend

repeat offend (third-person singular simple present repeat offends, present participle repeat offending, simple past and past participle repeat offended)

repeat offends (present singular third-person)
repeat offending (participle present)
repeat offended (participle past)
repeat offended (past)

law enforcement is not a significant way to deter their offending, though it is a significant way to identify who is offending after they have repeat-offended.

2006, Irvin Waller, Less Law, More Order: The Truth about Reducing Crime, →ISBN, page 23:

This trip into the Jail system was not one that was going to be filled with fun and games. He was headed into hard time with no visible release date. Here this was a repeat offender headed to face criminal prosecution. He repeat offended before the last criminal offense was settled in the courts. This time the boy was without certain mental faculties.

2006, Gary Drewes, The Silent Vow: Volume III, →ISBN:

He had no idea why he repeat offended with Cindy. Yes, he fancied her but no more or less than he fancied a hundred women that he saw walking down the street in one day.

2010, Adele Parks, Men I've loved before, →ISBN:

(law) To offend again, especially after being punished for a first offence; to reoffend, to recidivate.


GFAP

On 21 November 1995, the Bosnian, Croatian and Serbian Presidents initialled a peace agreement in Dayton, Ohio often referred to as the Dayton Peace Agreement (DPA) or Dayton Accords, although known officially as the ‘General Framework Agreement for Peace’ (GFAP). […] The GFAP also called for the deployment of an international armed force, under NATO leadership, of sixty thousand troops to supervise the cessation of hostilities and to provide framework security to enable civilian peace implementation.

2005, Ian Oliver, “The Road to Dayton Ohio”, in War & Peace in the Balkans: The Diplomacy of Conflict in the Former Yugoslavia, I.B. Tauris, →ISBN, page 91:

w:General Framework Agreement for Peace in Bosnia and Herzegovina

(law) Initialism of General Framework Agreement for Peace in Bosnia and Herzegovina: a peace agreement that put an end to the Bosnian War, reached in November 1995.


vakalatnama

(India, law) A document filed by a party in order to appoint a lawyer to plead on their behalf.


coin of the realm

/ˈkɔɪn əv ðə ˈɹɛlm/

The term originally referred to actual coins issued by authority of the British monarch for use within the kingdom or realm: see, for example, the 18th-century quotations.

[I]t was thought expedient by ſtatute 1 Mar. ſt. 2. c. 6. to revive ſpecies thereof; viz. 1. That if any perſon falſely forge or counterfeit any ſuch kind of coin of gold or ſilver, as is not the proper coin of this realm, [...] ſuch offences ſhall be deemed high treaſon.

[1769, William Blackstone, “Of High Treason”, in Commentaries on the Laws of England, book IV (Of Public Wrongs), Oxford, Oxfordshire: […] Clarendon Press, →OCLC, page 89:

The late Proclamation for regulating the Gold Coin refers to the Reſolution or Order of the Lords of the Treaſury, dated July 24, 1773; [...] [T]he third Claſs in the above Table is ultimately to be the only ſtandard Gold Coin of the Realm.

[1774 July, “Remarks on the Late Proclamation Concerning the Gold Coin”, in Sylvanus Urban [pseudonym; Edward Cave], editor, The Gentleman’s Magazine, and Historical Chronicle, volume XLIV, London: Printed […], for D[avid] Henry, and sold by F[rancis] Newbery, […], →OCLC, page 309:

In the year 1819, Sir Robert Peel brought in a bill, and which finally passed both houses, and received the royal assent on the 2nd July, for continuing the restrictions contained in several acts of parliament, on payments in cash by the bank of England, until the 1st day of May, 1823, and to provide for the gradual resumption of cash payments: [...] VIII. After the first day of May, 1822, the bank of England, if they shall think fit, may pay or exchange the lawful coin of the realm, for any of their own notes, payable on demand.

1835, Thomas Stephen, “The Rise, Progress, and Gradual Improvement of the Laws of England”, in The Book of the Constitution of Great Britain: […], Glasgow, Edinburgh: Blackie & Son, […]; Dublin: W. Curry, Jun., & Co.; London: Simpkin & Marshall, →OCLC, pages 275–276:

Upon an indictment under the statute, it must be proved that the coin was counterfeit, in the same manner as in cases of counterfeiting the coin of the realm, [...]

1840, Henry Roscoe, T[homas] C[olpitts] Granger, “Coining”, in A Digest of the Law of Evidence in Criminal Cases, 2nd edition, London: Saunders and Benning, […], (successors to J[oseph] Butterworth and Son,) […], →OCLC, page 357:

An American traveler, let us say, lands at Calais with a pocket full of American money; his purse may fairly bulge. But he cannot buy so much as a newspaper or a breakfast roll with it. As far as his ability to purchase the very necessities of life is concerned, he might as well be penniless. His American money is worthless to him on that other shore until he has exchanged it for the coin of the realm.

1930 September, Jay T. Stocking, “Immortal Money”, in Samuel McCrea Cavert, editor, Federal Council Bulletin: A Journal of Religious Cooperation and Interchurch Activities, volume XIII, number 7, New York, N.Y.: Federal Council of the Churches of Christ in America, →ISSN, →OCLC, page 12, column 1:

Early in the second millennium, the spread of the money economy eroded and eventually destroyed feudalism. The moment that a peasant could sell his labor to the highest bidder, the ties that bound servant and master dissolved. [...] Not only were individuals able to buy their freedom with coin of the realm; at times, entire villages did so, as when the northern French city of Coucy-le-Château bought its charter of liberties from the penniless widow of the lord for 140 livres in 1197.

2004, William J. Bernstein, “A Hypothesis of Wealth”, in The Birth of Plenty: How the Prosperity of the Modern World was Created, New York, N.Y.: McGraw-Hill, →DOI, →ISBN, page 29:

(law, dated) The legal money of a country.


tenant-right

(law) The right to compensation which a tenant has, either by custom or by law, against the landlord for improvements at the termination of the tenancy.


nulla bona

(law) No goods; used to indicate that a search has found no seizable property.


breach of trust

en-noun

breach of trust (plural breaches of trust)

It is the first time a train operator has been renationalised over a breach of trust.

2021 October 20, “Network News: Leadership changes at Govia Thameslink Railway and Southeastern”, in RAIL, number 942, page 8:

(law) An act, omission or concealment, by which a person who has a fiduciary duty to act in the interest of another instead uses their position for their own benefit.


fiduciary duty

fiduciary duty (plural fiduciary duties)

The company’s charter bluntly states that OpenAI’s “primary fiduciary duty is to humanity,” not to investors or even employees.

2023 November 20, Karen Hao, Charlie Warzel, “Inside the Chaos at OpenAI”, in The Atlantic:

(law) The legal obligation of loyalty under which a fiduciary may have no conflict of duty between themselves and their principal, and must not profit from their position as a fiduciary.


statutorize

en-verb

statutorize (third-person singular simple present statutorizes, present participle statutorizing, simple past and past participle statutorized)

statutorizes (present singular third-person)
statutorizing (participle present)
statutorized (participle past)
statutorized (past)

(law, transitive, rare) To make statutory.


resiliation

From French résiliation, or resiliate + -ion.

(Canada law) The act of cancelling, annulling or drawing back from (a contract).


malafide

Soutik Banerjee, an advocate assisting Mr. Shah’s legal team, describes the ruling as a positive development, writing in a statement that it “exemplifies that there has been arbitrary and malafide use of extraordinary laws against Fahad. … Only time will tell if UAPA charges will also apply.”

2023, Srishti Jaswal, Monitor reporter’s trial opens: Why India treats journalists as terrorists, in: The Christian Science Monitor, April 19 2023


malafide

(India, law) Something done in bad faith.


parawise

(India, law) Of a reply: prepared in paragraphs.


statutorization

(law) The process of making something statutory.


fair dealing

Coordinate term: fair use (counterpart in US, broader but akin)

Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement.

Copyright, Designs and Patents Act 1988, Section 30(1)

(law) a rule of intellectual property law, such as in the United Kingdom and various Commonwealth countries, that permits one party to make use of another party's copyright-protected work under narrowly defined circumstances.


sue one's livery

sue one's livery (third-person singular simple present sues one's livery, present participle suing one's livery, simple past and past participle sued one's livery)

sues one's livery (present singular third-person)
suing one's livery (participle present)
sued one's livery (participle past)
sued one's livery (past)

(law) To ask for the writ delivering a freehold into the possession of its heir.


writ of prohibition

en-noun

writ of prohibition (plural writs of prohibition)

(law) A writ from a superior tribunal staying proceedings in a lower court.

(law, Scotland) A clause in a deed of entail forbidding the heir to sell the estate, contract debt, etc.


coram nobis

A shortening of the Latin quae coram nobis resident ("which [things] remain in our presence").

(law) A kind of legal order allowing a court to correct its original judgment upon discovery of a fundamental error which did not appear in the records of the original judgment's proceedings and would have prevented the judgment from being pronounced.


informed consent

informed consent (usually uncountable, plural informed consents)

(law) Consent to an action by another person given based upon a clear appreciation and understanding of the facts, implications, and consequences of the action.


legal representative

legal representative (plural legal representatives)

(law) A lawyer, solicitor, etc, who acts on behalf of a client in legal matters.

A person who is not capable of contracting or who has limited capacity to contract can neither establish nor terminate residence without the consent of his legal representative.

2013 October 1, “German Civil Code BGB”, in Bundesministerium der Justiz und für Verbraucherschutz, Berlin: Bundesministerium der Justiz und für Verbraucherschutz, retrieved 2019-05-16:

(law) One who represents or acts on behalf of another under authority recognised by law, such as a parent or guardian of a minor, a manager of a legal person, etc.


right to be forgotten

(law) An individual's legal right to have certain information about themselves deleted, so as to ensure their privacy.


sewer service

A third CORE investigation revealed additional evidence of sewer service.

1992, A. Leon Levin, Cases and materials on civil procedure, page 18:

Ironically, one cause of sewer service is overly stringent requirements that the process server serve the defendant individually, in hand, personally.

2012, David Crump, Cases and Materials on Civil Procedure:

(law) The intentional failure to provide service of process on a named party in a lawsuit, in order to prevent the party from having a chance to respond.


conscience clause

conscience clause (plural conscience clauses)

(law) A clause in a law, affecting religious matters, to relieve persons of conscientious scruples, especially one to prevent their children being compelled to undergo particular religious instruction.


expromissor

The partners are expromissors, who guarantee the responsibility of the company by a joint and several obligation.

1870, George Joseph Bell, Commentaries on the Law of Scotland, and on the Principles of Mercantile Jurisprudence:

(law) The new debtor introduced by expromission.


expromission

(law) The intervention of a new debtor, substituted for the former one, who is consequently discharged by the creditor.


battered woman syndrome

(law) A legal defense according to which a female murderer had no choice but to kill her violent partner in response to cumulative abuse rather than a single provocation.

battered person syndrome

a more recent, gender-neutral formulation


best evidence rule

(law) A legal principle that holds an original copy of a document as superior evidence.


cementochronology

(anthropology, paleodemography, criminology) A method for assessing age at death and determining season at death based on the annulation (formation of rings) in tooth cementum.


gate money

(slang, law) Money that is given to an inmate upon release from incarceration.


home invader

(law, criminology) Someone who commits a home invasion.


EAW

European Arrest Warrant
w:European Arrest Warrant

(law) Initialism of European Arrest Warrant.


deed of assumption

deed of assumption (plural deeds of assumption)

(law, Scotland) A deed executed by trustees under a trust-deed assuming a new trustee or settlement.


right of asylum

right of asylum (plural rights of asylum)

(law) The right of a person persecuted by his or her own country to be protected by another sovereign authority.


separate estate

(law, historical) A married woman's property over which her husband has no right of control.


plus factor

Race may therefore not be the only determining factor in the allocation, but race may be considered as a plus factor that may be taken into account.

2001, Johan Rabe, Equality, Affirmative Action and Justice, page 143:

Three white women challenged the admissions system, which gave applicants “plus factors” or "points" for being non-white […]

2005, Harvard Journal of Law and Gender, volume 28, page 225:

These plans can take many forms including outreach, special training programs, race or gender as plus factors, and goals and timetables.

2007, Anderson C. Williams, A Concise Summary of Human Resource Management:

(US, law) Any trait of a person, such as their race, that may give them an advantage under affirmative action.


fideicommissary

(law, ancient Rome) the beneficiary of a fideicommissum.


ODR

(UK, law) Initialism of Ogden discount rate.


professional support lawyer

professional support lawyer (plural professional support lawyers)

(law) A member of a legal organisation that carries out research and other support duties


strict scrutiny

We mention these matters … merely in emphasis of our view that strict scrutiny of the classification which a State makes in a sterilization law is essential, lest unwittingly, or otherwise, invidious discriminations are made against groups or types of individuals in violation of the constitutional guaranty of just and equal laws.

1942, William O. Douglas, Skinner v. Oklahoma, 316 U.S. 535

(law) A standard for judicial review, according to which a law must have been enacted to further a compelling governmental interest, have been narrowly tailored to achieve that interest, and be the least restrictive means for so doing.


unincorporate

en-adj

unincorporate (comparative more unincorporate, superlative most unincorporate)

more unincorporate (comparative)
most unincorporate (superlative)

bodies corporate or unincorporate

(chiefly law, sometimes postpositive) Not incorporated.


recordal

en-noun

recordal (countable and uncountable, plural recordals)

Judgements declaring the nullity, annulment, dissolution, rescission or revocation of a registered deed must be annotated in the margin of the recordal of the deed to which they refer.

1967, Mario Arrigucci, The Italian Trade Mark Law and Regulations, page 30:

Recordal or registration of trademark licenses is more recently required in a number of countries either with the Trademark Office or with other appointed authority for approval with respect to clauses which may be prohibited as improper or unlawful restraints.

1975, Stephen Pericles Ladas, Patents, Trademarks, and Related Rights, page 1138:

The local recordal administration shall send its recordal comments and filing documents of the parties to the SIPO within 3 days after completion of the recordal procedures.

2005, Ai Hong, China Intellectual Property Law Guide, page 48,802:

(law) The process of recording a document, making a public record; recordation.


UWO

(UK, law) Initialism of unexplained wealth order.


county at large

county at large (plural counties at large)

...it shall be lawful for the collector of the district, upon the production of a like certificate of any two sureties of the peace, if within a county of a city, or county of a town, and if within a county at large, upon the production of a like certificate of any two justices of the peace residing in the barony, or half-barony, in which the person applying for such licenses resides, ... to endorse on such certificate a receipt for the said duty

And be it enacted, That wherever the Word "County" occurs in this Act, the same shall be construed to extend to and comprehend a County of a City or a County of a Town, as well as a County at large.

1839 Public Works (Ireland) Act, 1839 (2 & 3 Vict. c.50) s.27

(history, law) A county which is not a county corporate


callover

(Australia, law) A session where trial dates are allocated to upcoming cases.


endowable

From Middle English endowable; equivalent to endow + -able.

By the provisions of the common law, a widow was endowable of all the lands of which her husband was seized during coverture.

1839, Return Jonathan Meigs, Reports of Cases Argued and Determined in the Supreme Court of Tennessee, volume 19, page 387:

In case of rent charge, she was endowable unless the heir had elected to make it personalty by resorting to her writ of annuity.

1874, Cases Argued and Decided in the Supreme Court of Mississippi, volume 49, page 203:

If therefore the premises in this case had been sold before they were partially destroyed by fire, the widow would have been endowable in the entire sum that they would have sold for, which in this case it is fair to presume would have been $957.50, the total sum received from the sale and insurance.

1892, The Weekly Law Bulletin and Ohio Law Journal, volume 28, page 333:

(law, historical) Entitled to receive or eligible for dower; dowable.


pro indiviso

(law) Of a right: held by two or more persons in common.


supermandatory

The same priority is also acknowledged to the supermandatory rules of the national laws.

2000, Revue Hellenique de Droit International, Volume 53, page 181:

Also, the parties' choice of foreign applicable law shall not affect the application of the supermandatory provisions of the country with which all elements of the contract are related at the time of the choice of applicable law.

2009, James R. Silkenat, Jeffrey M. Aresty, Jacqueline Klosek, The ABA Guide to International Business Negotiations:

Russian courts and commentators distinguish between “mandatory” rules (that parties can opt out of by choice of law) and “supermandatory” rules not subject to opt out. Rules governing strategic investments are supermandatory.

2015, Peter B. Maggs, Olga Schwartz, William Burnham, Law and Legal System of the Russian Federation: Sixth Edition:

(law) Absolutely mandatory, without any exceptions.


restaur

(law, obsolete) The remedy that assurers have against each other, or a person has against his guarantor.


refeoff

en-verb

refeoff (third-person singular simple present refeoffs, present participle refeoffing, simple past and past participle refeoffed)

refeoffs (present singular third-person)
refeoffing (participle present)
refeoffed (participle past)
refeoffed (past)

(law, transitive) To feoff again; to invest with a fee or feud again.


show cause

show cause (third-person singular simple present shows cause, present participle showing cause, simple past showed cause, past participle shown cause)

shows cause (present singular third-person)
showing cause (participle present)
showed cause (past)
shown cause (participle past)

(law, England, Wales) In English law, to argue against the confirmation of a provisional order or judgment.


commutal

en-noun

commutal (countable and uncountable, plural commutals)

Gladys' conviction generated reactions from a cross-section of Nigerians who pleaded for the commutal of the death sentence to a jail-term.

The demand for commutal of sentences was informed by two factors.

1998, The Nigerian Journal of the Social Sciences: NJSS.:

Having earned so much domestic and international respect for the unprecedented commutal of sentences on coup plotters last month, General Sani Abacha is expected to build on this growing goodwill by handling the Ogoni matter […]

2004, Reuben Abati, The Whole Truth: Selected Editorials of the Guardian (1983-2003), →ISBN:

(Nigeria, law) commutation (of a sentence)


third-degree murder

third-degree murder (usually uncountable, plural third-degree murders)

(US, law) Murder without intent but during a felony.


police court

(law) A court of justice for trying small cases brought before it by the police.


widow's bench

(law, historical) A widow's share of her husband's estate in addition to her jointure.


pma

(copyright law) Alternative form of p.m.a.


p.m.a.

post mortem auctoris
post mortem auctoris#English

(copyright law) Initialism of post mortem auctoris.


post mortem auctoris

Borrowed from Latin post mortem auctoris.

(chiefly copyright law) After the death date of the author of a work.


special prosecutor

special prosecutor (plural special prosecutors)

Under the Ford plan, the president—not the courts—would appoint the special prosecutor.

1999, Bob Woodward, Shadow: Five Presidents and the Legacy of Watergate:

conflict of interest
conflict of interest

(US, politics, law) A lawyer assigned to investigate, and if necessary prosecute, a case for which there is a conflict of interest for the normal prosecuting authority.


special counsel

special counsel (plural special counsels)

Schiff said Republicans have so far declined to assist the special counsel.

2018 November 30, Jon Swaine, The Guardian:

(US politics, law) A special prosecutor.


heliast

From Ancient Greek ἡλιαστής (hēliastḗs).

(historical, Ancient Greece, law) A judge in the supreme court of ancient Athens.


general retainer

general retainer (plural general retainers)

(law) A fee paid to secure a priority of claim on a counsel's services.


special retainer

special retainer (plural special retainers)

(law) A fee paid to counsel for work on a particular case.


special issue

(law) An issue taken by denying a particular part of the allegations.


general issue

(law) A simple denial of the entire charge, such as "not guilty".


tenant at will

(law, real estate, property law) One who holds lands at the will of the owner.


porch pirate

After Bohlan's home security system recorded a porch pirate stealing packages from his doorstep, he reported the theft to the police department...and volunteered his own doorstep as a place where police could leave "bait" packages to catch porch pirates.

2018, Uncle John's Actual and Factual Bathroom Reader, page 271:

2019 November 1, Lauren Smiley, “The Porch Pirate of Potrero Hill Can’t Believe It Came to This”, in The Atlantic:

(slang, criminology, neologism) A criminal who steals a delivered package from a porch.


outsucken

(law, Scotland) Pertaining to a district not astricted to a particular mill.


bill of complaint

bill of complaint (plural bills of complaint)

(law, historical) In the English Court of Chancery, prior to the Judicature Act of 1873, the formal statement of the facts and prayer for relief submitted by a plaintiff to the court.


dead's part

(law, historical, Scotland) The part of a man's movable property which he may bequeath by will, and which is not due to wife and children.


CRLA

California Rural Legal Assistance
w:California Rural Legal Assistance

(US, law) Initialism of California Rural Legal Assistance.


taxing master

(law) An officer of a court of law who examines bills of costs.


summary proceedings

(law) Certain statutory remedies taken without the formal bringing of an action by process and pleading.


anaw

Human Transplantation (Wales) Act 2013 (2013 anaw 5)

w:Act of the National Assembly for Wales

(UK, law, in citation) Initialism of Act of the National Assembly for Wales; now called Acts of Senedd Cymru, but still used for Acts passed prior to the change of name.


royal fish

royal fish (plural royal fishes or royal fish)

royal fishes (plural)
royal fish (plural)

Whales and sturgeons are royal fish.

In the 1681 ordinance on maritime commerce (book V, title 7), dolphin, sturgeon, salmon, and trout are called royal fishes.

2015, The Origins of Corporations: The Mills of Toulouse in the Middle Ages, page 343:

(law) Any fish that, when taken, immediately becomes the personal property of the monarch by royal prerogative, as in the United Kingdom and formerly the Kingdom of France.


MPC

Metropolitan Police Commissioner
w:Metropolitan Police Commissioner

(law, UK) Initialism of Metropolitan Police Commissioner.


warrant of payment

warrant of payment (plural warrants of payment)

(law) A written order from a first person that instructs a second person to pay a specified recipient a specific amount of money or goods at a specific time.

výzva k zaplacení

written order instructing someone to pay some amount of money at a specific time


parens patriae

From Latin parēns patriae (“parent of the country”).

bor

(law) The government authority to act as the parent of a child or individual to protect them from abusive or negligent parents, legal guardian, or caretaker.


special proceeding

en-noun

special proceeding (plural special proceedings)

(law) A judicial proceeding other than an action, such as a writ of mandamus.


demonstrative legacy

demonstrative legacy (plural demonstrative legacies)

(law) An amount to be paid to an heir out of a particular named fund.


adminiculation

adminiculation (usually uncountable, plural adminiculations)


composition of a felony

(law) The act of abstaining from prosecution for some consideration itself punishable by fine and imprisonment.


secular arm

/ˌsɛkjʊlə ˈɑːm/

/ˌsɛkjələɹ ˈɑɹm/

From Late Middle English seculer arm, seculer arme (“civil authority or power”), a calque of Medieval Latin bracchium saeculāre (“(figurative) civil or lay power”), from Latin bracchium (“arm”) + saeculāre (a neuter singular form of saeculāris (“profane, temporal, worldly”)).

calque

The secular arm as a means by which lay power intervenes in ecclesiastical cases had two types: sought and unsought by the Church.

Yet all who reject them are by the Council of Trent and the Papal Church pronounced accursed heretics and excommunicated, and therefore to be given over to the secular arm, as we have just seen that millions have been, to be destroyed or burned;

1812, Gideon Ouseley, A Short Defence of the Old Religion, published 1821, page 239:

1819, "Arm", article in Abraham Rees (editor), The Cyclopædia, Volume 2, unnumbered page,
The church ſheds no blood; even the judges of the inquiſition, after they have found the perſon guilty, ſurrender him to the ſecular arm.

We also understand that when the secular arm has the power it is requirable by the Church to execute those who entertain views opposed to the Papacy; and that the only reason why the Church does not now require it is that the secular arm is not at the Pope's command.

1870 October, D. D. Whedon, editor, Methodist Quarterly Review, Volume 52 - 4th Series, Volume 22, page 634:

In the Middle Ages, however, sometimes the assistance of the secular arm was sought, especially in trials for heresy or grave immorality when Church officials felt that sterner punishment was deserved than they could administer.

1980, John A[nthony] Hardon, “SECULAR ARM”, in Modern Catholic Dictionary, Garden City, N.Y.: Doubleday & Company, →ISBN, page 496, column 1:

(Christianity, law, historical) The lay or temporal authority of a secular court to pronounce punishment (particularly capital punishment) of an offender tried by an ecclesiastical court.

maallinen valta

lay or temporal authority of a secular court to pronounce punishment of an offender tried by an ecclesiastical court


subordinate court

en-noun

subordinate court (plural subordinate courts)

(law) A court that is under the control or authority of another


specimen signature

specimen signature (plural specimen signatures)

(law) A document (often authenticated by a notary public or a lawyer) with a sample signature handwritten by a person, kept by a bank or another organization, which lets them verify that other signatures were also written by the same person.

簽字樣本

sample signature kept by an organization to verify other signatures


Eurotort

Employers must comply with the regulations and any breach gives rise to liability in what are emerging as 'Eurotorts'.

2014, Vera Bermingham, Tort Law Directions:

(Europe law) A tort relating to the right to repatriation within a national legal system for breaches of directly applicable European Union law.


hybrid offence

(law) A crime in common-law jurisdictions that may be prosecuted either summarily or as indictment.


Home Circuit

(UK, law, historical) The southeastern circuit of assize, including the Home Counties (except Middlesex) and Cambridgeshire, Norfolk, and Suffolk.


pass the bar

en-verb

pass the bar (third-person singular simple present passes the bar, present participle passing the bar, simple past and past participle passed the bar)

passes the bar (present singular third-person)
passing the bar (participle present)
passed the bar (participle past)
passed the bar (past)

(law) To be formally referred for trial from a lower court to a higher one.


debt collection

en-noun

debt collection (plural debt collections)

(law) The process of pursuing payments of debts owed by individuals or businesses.

perintä

the process of pursuing payments of debts owed by individuals or businesses


negligence per se

[…] blasting operations by a Swiss mining company in the Swiss Alps cause a snow avalanche in the French Alps injuring a group of English tourists. […] The lex loci damni rule [of the Rome II Regulation] does not produce good results in […] cross-border torts in which the state of conduct prescribes higher standards of conduct for the tortfeasor than the state of injury. Suppose for example that, in the above snow avalanche hypothetical, Switzerland imposes a negligence per se rule on mining operators who engage in blasting activities in certain areas or time periods, while France, in order to protect its mining industry, follows an ordinary negligence standard. In such a case, Article 4(1) calls for the application of French law and specifically excludes Swiss law. In contrast, if this were an environmental tort, Article 7 would allow the victim to opt for Swiss law.

2008, Symeon C. Symeonides, “Rome II and Tort Conflicts: A Missed Opportunity”, in American Journal of Comparative Law, volume 56, number 1, pages 187 and 191:

(US law) An act considered negligent because it violates a statute or regulation.


four corners

If Republicans don't think it's a coup or doesn't fit this definition of a coup in all four corners then I'd love to hear what they would call it.

2020 December 1, Charles Joseph Scarborough, “Morning Joe for December 1, 2020” (1:23:00 from the start), in Morning Joe, via MSNBC:

(law) The face of a document or its contents, considered without reference to any outside information.


side letter

(law) A collective bargaining agreement that is not part of the underlying or primary collective bargaining agreement used by the parties to the contract.


retrocess

en-verb

retrocess (third-person singular simple present retrocesses, present participle retrocessing, simple past and past participle retrocessed)

retrocesses (present singular third-person)
retrocessing (participle present)
retrocessed (participle past)
retrocessed (past)

(law, transitive) To retrocede or grant back.


party jury

(historical, law) A jury consisting half of natives and half of aliens.


pascuage

(UK, law, obsolete) The grazing or pasturing of cattle, or a fee paid for this.


AEO

en-noun

AEO (countable and uncountable, plural AEOs)

attachment of earnings
attachment of earnings#English

(countable, law) Initialism of attachment of earnings order.


independent counsel

independent counsel (plural independent counsels)

(US, law, politics) A special prosecutor


no-bill

(law) The situation where the jury has not found sufficient cause to support the alleged charges.


constructive treason

constructive treason (countable and uncountable, plural constructive treasons)

(law) Anything that may be interpreted as equivalent to actual treason by leading naturally to it.


OLC

(US, law, politics, government) Initialism of Office of Legal Counsel. (of the U.S. Justice Department)


wobblette

(law, colloquial) A crime that may be charged as either a misdemeanor or an infraction.


disturb the peace

en-verb

disturb the peace (third-person singular simple present disturbs the peace, present participle disturbing the peace, simple past and past participle disturbed the peace)

disturbs the peace (present singular third-person)
disturbing the peace (participle present)
disturbed the peace (participle past)
disturbed the peace (past)

The bare dozen passengers the station sees in a month do little to disturb the peace.

1939 July, “Pertinent Paragraphs: Port Victoria”, in Railway Magazine, page 67:

(law) To behave in an inappropriately violent, noisy, or disruptive manner in public.


riot boosting

"‘Riot boosting’ is an unusual and new term. You might be asking yourself what that means, and I think protesters will too," said Vera Eidelman, an attorney with the American Civil Liberties Union who has tracked the bills. "I think it poses a unique threat to speech and appears to be targeted at protests. It uses words like 'encouraging' and 'advising' that are very broad and refer to a category of protected speech."

2019 March 28, Nicholas Kusnetz, “More States Crack Down on Pipeline Protesters, Including Supporters Who Aren’t Even on the Scene”, in Inside Climate News, archived from the original on 2020-06-04:

The law allows state, and local governments to seek civil damages from activists or groups engaging in "riot boosting", a term which the state defines as someone who "does not personally participate in any riot but directs, advises, encourages, or solicits other persons participating in the riot to acts of force of violence."

2019, Larry J. Schweiger, The Climate Crisis and Corrupt Politics, page 109:

A judge found parts of last year’s “riot boosting” laws to be unconstitutional, in part because they were aimed at demonstrations against the Keystone XL pipeline.

2020 February 19, Stephen Groves, “House passes ‘riot boosting’ bill amid protests”, in AP News:

South Dakota has adopted a law that holds a person liable for civil damages if he or she engages in “riot boosting,” defined to include a person who “advises” or “encourages” another to engage in violence, even if the individual did not even participate in the […]

2020, Ashutosh Bhagwat, Our Democratic First Amendment, page 152:

A third banner said “Kristi Noem, we are not a riot” and “We defeated it once, we’ll defeat it again” — a reference to the current “riot boosting” law that was created after a federal judge said parts of the old law were unconstitutional.

2020 August 19, Arielle Zionts, “Group protests Philip KXL pipeline work camp opening in September”, in Rapid City Journal:

(US, neologism, law) Protest activities that encourage rioting.


West plea

Named after a seminal case involving plea bargains, People v. West (1970) 3 Cal.3d 595.

(US, California, law) A plea of nolo contendere.


brutum fulmen

From Latin brutum (“stupid”) + fulmen (“lightning”), derived from a 1680 pamphlet by Thomas Barlow of that title, originally from a passage of Pliny's Natural History: "hinc bruta fulmina et vana" ("these senseless and ineffectual thunder-claps", intended as a literal description of lightning).

... it was a question only whether the one hundred and eighty inconsistent canons thus added to the Corpus Juris of the Church would remain a mere brutum fulmen, or whether they would be the source of endless litigation and schism.

1910, William Ainger Wigram, An Introduction to the History of the Assyrian Church, page 112:

Generally speaking the making of an order which will be a brutum fulmen serves no good purpose of justice.

1958, Peter Edward Nygh, Conflict of Laws in Australia, page 149:

The later order of May 8, 1984, purporting also to declare the same declaration of trust void and revoked, accomplished nothing. It was a brutum fulmen.

1987, Cal. Ct. App., Lazzaroni v. Larson:


justifiable homicide

en-noun

justifiable homicide (countable and uncountable, plural justifiable homicides)

(law) A homicide that is allowed by law because it is necessary to prevent death or serious bodily harm.

(law) A homicide that is allowed by law because it is carried out by a public official in the performance of their duties.


paper day

(law) Any of certain days in each term for hearing causes down in the paper or roll of business.


joint investigation team

joint investigation team (plural joint investigation teams)

(law) A team formed jointly by national law enforcement agencies to investigate cross-border crime.


popular action

(law) an action in which any person may sue for penalty imposed by statute.


psycholegal

(law) Relating to psychological aspects of law enforcement or justice


my learned friend

(law, Australia, British, Hong Kong, New Zealand, Canada) A barrister on the opposing side of a dispute; a member of opposing counsel.


Lotus principle

After the Lotus case, a criminal trial resulting from a 1926 collision between between French and Turkish ships, in which the applicable jurisdiction was disputed.

(law) The principle, in international law, that sovereign states may act in any way they wish as long as they do not contravene an explicit prohibition.


terms of service

(law) The terms, conditions, or restrictions under which a person, commonly called an end user, may or may not utilize the aspects of a particular service.


flash rob

(criminology) A form of organized theft in which a group of people enter a shop en masse and steal merchandise, while the employees are overwhelmed by sheer numbers.


trespassory

Section 14C provides the police with a power to stop people from attending at a trespassory assembly before they reach the immediate vicinity of the assembly.

2012, John Beggs, George Thomas, Susanna Rickard, Public Order: Law and Practice, Oxford University Press, page 163:


inner bar

(UK, law) The legal profession as practised by Queen's Counsel.


outer bar

(UK, law) The legal profession as practised by junior barristers.


legal separation

legal separation (countable and uncountable, plural legal separations)

(law) A legal arrangement in which a married couple live in separate homes while remaining legally married.


letters rogatory

The most common remedies sought by letters rogatory are service of process and taking of evidence.

(law) A formal request from a court to a foreign court for some type of judicial assistance.


junior barrister

junior barrister (plural junior barristers)

(law) A barrister who has not yet attained the rank of Queen's Counsel.


great fee

(law) The holding of a tenant of the Crown.


base fee

(law) A qualified fee; a freehold estate of inheritance to which a qualification is annexed.


conditional fee

conditional fee (plural conditional fees)

(law) A fee granted on condition, or limited to particular heirs; the estate of a mortgagee of land, possession of which is conditional on payment.


self-executing

The general rule is that constitutional provisions are self-executing, except when the provisions themselves expressly require legislations to implement them […]

2003, Ruben E. Agpalo, Statutory Construction, page 467:

(law) Needing no legislation to enforce it.


utter barrister

utter barrister (plural utter barristers)

From outer, in reference to the outer bar where they practise.


stuff gownsman

From the older sense of stuff (“fabric”), which they wear in contradistinction to the silk gowns of Queen's Counsel.


rules and regulations

(law) legislation or other binding provisions


personal estate

(law) Movable goods or property, as distinguished from freehold or real property, especially in land.


chargor

[…] the charge was not within the class of charges which the chargor company was authorised to grant by its memorandum.

1979, The New Law Journal, volume 128, page 948:

Article 18 of the Law concerns only chargors which are legal entities or natural persons registered as entrepreneurs.

1996, Donald D. Barry, George Ginsburgs, The Revival of Private Law in Central and Eastern Europe, page 344:

(law) A person or company that owes a charge or right of security.


legal vacuum

legal vacuum (plural legal vacuums or legal vacua)

legal vacuums (plural)
legal vacua (plural)

(law) A state of regulation that is uncomfortable by there being no conspicuous provision for a certain situation.

Rechtsvakuum n (rare, rather translationese)


due and payable

(law) Owed to another party and required to be settled straight away.


person unknown

(law, criminology) An individual yet to identified.


on bail

The assailant was released on bail.


on remand

The man was on remand for armed robbery.


judicial remedy

judicial remedy (plural judicial remedies)

(law) The legal means to recover a right or to prevent or obtain redress for a wrong


judicial relief

judicial relief (plural judicial relieves)


anticipatory repudiation

anticipatory repudiation (countable and uncountable, plural anticipatory repudiations)

(law) A declaration by the promising party to a contract that he/she does not intend to live up to the contractual obligations.


exit clause

Eurosceptic Conservative MPs will still vote down the government’s Brexit deal even if Theresa May negotiates an exit clause from the Irish backstop, the former minister Steve Baker has insisted.

2018 November 8, Heather Stewart, Daniel Boffey, “Tory Brexiters planning to reject deal even with backstop exit clause”, in The Guardian:

(law) A provision in a legal document or lease allowing a signatory or lessee to terminate the contract legally and usually without penalty under certain circumstances.


jury of half-tongue

jury of half-tongue (plural juries of half-tongue)

(law, historical) A jury for the trial of a foreigner, composed equally of citizens and aliens.


wilful homicide

wilful homicide (plural wilful homicides)

211. (1) Whosoever shall be guilty of wilful homicide shall be punished with imprisonment for life. (2) A person shall be guilty of wilful homicide if, maliciously, with intent to kill another person or to put the life of such other person in manifest jeopardy, he causes the death of such other person.

2019, Criminal Code of the Republic of Malta (English version), article 211, subarticles 1 and 2

(law, Malta) murder; defined similarly as in English law


MAPPA

w:Multi-Agency Public Protection Arrangement

(UK, law) Acronym of Multi-Agency Public Protection Arrangement: an arrangement for the management of violent and sexual offenders who pose a serious risk to the public.


literary executor

literary executor (plural literary executors)

Albert Bigelow Paine, his biographer to be and literary executor, who has been constantly with him, said that for the last year at least Mr. Clemens had been weary of life. When Richard Watson Gilder died, he said: "How fortunate he is. No good fortune of that kind ever comes to me."

1910 April 22, “Mark Twain is Dead at 74”, in New York Times:

(law) A person acting on behalf of beneficiaries (e.g. family members, a designated charity, a research library or archive) under the author's will.


purple judge

So called because in most cases their dress code would include a purple or lilac robe or sash or tippet of some kind.

The criminal defendant sees a difference between a 'red judge' and a purple judge.

2012, David Kelly, Gary Slapper, Sourcebook on English Legal System, page 174:


red judge

So called because in most cases their dress code would include a red robe or sash or tippet of some kind.

The fact is that ever since the piece appeared in The Times about Leonard being appointed to the High Court bench and becoming a Red Judge, things have been more than a little slow.

2006, John Mortimer, chapter 26, in Rumpole and the Reign of Terror:


Gillick competence

Based on the 1985 decision of the House of Lords in Gillick v West Norfolk and Wisbech Area Health Authority.

(UK, law) The capacity of a child to consent to medical treatment without parental permission or knowledge.


summary dismissal

summary dismissal (countable and uncountable, plural summary dismissals)

(law) A determination by a court that no relevant factual issues are being presented, that the case to be decided has no basis, and so cannot be allowed to proceed.


lawcode

(law) A body of law that is sanctioned by legislation.


boedelscheiding

(South Africa, law) The division of an estate.


habitualize

en-verb

habitualize (third-person singular simple present habitualizes, present participle habitualizing, simple past and past participle habitualized)

habitualizes (present singular third-person)
habitualizing (participle present)
habitualized (participle past)
habitualized (past)

Third, in all but two circuits [those encompassing Miami and Sarasota], the habitual offender sanctions are much more likely to be used against black offenders than non-black offenders, even after adjusting for prior record, the nature of the current offense and a variety of other factors that might have a bearing on the decision to habitualize.

2019, Marc L. Miller, Ronald F. Wright, Criminal Procedures: Prosecution and Adjudication, page 152:

(US, law) To classify as a habitual offender (which has implications for sentencing).


legislative process

en-noun

legislative process (plural legislative processes)

(law) The stages a bill must go through before it becomes law.


mute of malice

(law) Of a defendant: deliberately refusing to enter a plea.


flying freehold

flying freehold (plural flying freeholds)

From the idea that the "ground" on which the freehold estate stands is above the actual ground, and hence that the freehold is flying.

These flying freehold rights are more trouble than they are worth because all sorts of complicated covenants and easements have to be confirmed to ensure that there are no doubts over who is responsible for roof repairs and to guarantee that there are no arguments over access.

1994, Justice of the Peace & Local Government Law:

We have made a modification whereby we have 'taken' part of the loft of one to give to next door (this enables us to gain easy access to loft space and therefore create another bedroom). This now protrudes over next door by about 5ft. I understand this has created a situation known as 'flying freehold', which apparently makes a property difficult to sell and to mortgage.

2004, Sarah O'Grady, The Complete Guide to Buying and Selling Property:

This approach to the freehold estate seems, however, to be an unnecessary complication and it has been pointed out for centuries that there is no real justification for the view that there is some difficulty involved in creating a flying freehold.

2018, Judith-Anne MacKenzie, Aruna Nair, Textbook on Land Law, page 618:

(law, UK) The freehold of property in an upper storey above a lower storey that belongs to a different freehold; the converse of creeping freehold.


abatement ab initio

(law) A common law legal doctrine stating that the death of a defendant who is appealing a criminal conviction vacates the conviction.


alienation of affection

An action for alienation of affection by enticing away does not lie against one who has not enticed the abandoning spouse away, or who has not by his wrongful conduct brought about or contributed to the estrangement, and hence it does not lie where the abandoning spouse acts of his or her free will and without inducement by a third person.

1993, J. Cezar S. Sangco, Philippine Law on Torts and Damages - Volume 2, page 838:

The first four points relate to the trial court's dismissal of Mr. Thornburg's claim against the defendants for alienation of affection.

2007, Philip Chase, 25 Doctrines of Law You Should Know, page 23:

In the concept “alienation of affection” there is a third party involved; but alienation may occur without such personal intervention; it may be brought on by any conflicting interest.

2013, Albert Ellis, Albert Abarbanel, The Encyclopædia of Sexual Behaviour - Volume 2, page 926:

(law) Estrangement or loss of affection between two people who have a claim on each other's affections (such as two spouses or a parent and child) that is willfully caused by interference from a third party.


strike suit

(law) A lawsuit of questionable merit brought in the hope of gaining a private settlement, before going to court, that would be less than the defendant's legal costs.


danger in delay

(law) One of two conditions which must be asserted in an action to obtain a protective order or injunction to be granted and relief sought (the other condition being fumus boni iuris).


for and on behalf of

(law) Acting for; acting as an agent of.


petit serjeanty

(law, historical) A kind of land tenure requiring serjeanty (i.e. personal service other than military service) to a mesne lord rather than the king or a lord paramount.


grand serjeanty

(law, historical) A kind of land tenure by serjeanty (i.e., requiring personal service other than military service) direct from a lord paramount, typically the king.


debt obligation

debt obligation (countable and uncountable, plural debt obligations)

(law) A duty by which a party to an agreement is legally bound to pay the maturity of a debt at a time and in a manner as is stipulated within a given contract or promissory note.


zygnomic

en-adj

zygnomic (comparative more zygnomic, superlative most zygnomic)

more zygnomic (comparative)
most zygnomic (superlative)

Coined by Robert L. Kocourek as zyg- + -nomic

A mesonomic relation is that kind of legal relation which in a jural series may result in the creation, alteration, or destruction of a zygnomic relation.

1932, Illinois Law Review - Volume 26, page 860:

In Kocourek's terminology, therefore, the offer is the exercise of a "mesonomic" power — not totally outside the law ("anomic") nor already coercive ("zygnomic"), but potentially capable of becoming coercive.

1939, Roscoe Pound, Nathan Isaacs, William Waite Beardsley, The National Law Library: Property, page 22:

Legally this power was recognized (was made a zygnomic power) (') by revolutionary governments to be exercised against their enemies.

1971, Revista del Colegio de Abogados de Puerto Rico, page 235:

. In Professor Kocourek's newer terminology the claim descends from the zygnomic to the mesonomic plane on the running of the Statute.

2020, Sovereignty Education and Defense Ministry (SEDM), Legal Fictions, Form #09.071, page 50:


Commerce Clause

(US, law) A clause in the United States Constitution stating that Congress shall have the power "[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."


intermediate scrutiny

(law) A standard for judicial review, according to which a law must have been enacted to further a compelling governmental interest and have been narrowly tailored to achieve that interest.


Dormant Commerce Clause

(US, law) A legal doctrine inferred from the Commerce Clause that prohibits states from discriminating against interstate or international commerce.


rational basis review

(law) A standard for judicial review, according to which a law must be rationally related to a legitimate state interest.


narrow tailoring

en-noun

narrow tailoring (plural narrow tailorings)

(law) The legal principle that a law must be written specifically and narrowly only to accomplish the state's intended goals.


Negative Commerce Clause

Dormant Commerce Clause
Dormant Commerce Clause#English

(US, law) Synonym of Dormant Commerce Clause


prophylactic rule

prophylactic rule (plural prophylactic rules)

(law) A judge-made rule that overprotects a constitutional right in order to safeguard that right or facilitate detection of violations of it.


anticanon

(chiefly US, law) a legal text that is now viewed as wrongly decided


blue pencil doctrine

blue pencil doctrine (plural blue pencil doctrines)

From the act of editing written copy with a blue pencil.

(law) A legal concept where a court finds that portions of a contract are unenforceable, but other portions of the contract are enforceable.


living tree doctrine

(Canada, law) A doctrine of constitutional interpretation according to which the constitution must be read in a broad and progressive way so as to adapt it to the changing times.


loose construction

loose construction (plural loose constructions)

(chiefly US, law) a broad interpretation of the Constitution, especially one strays from literal, textualist meaning and adapts to evolving circumstances


loose constructionism

loose constructionism (plural loose constructionisms)

(chiefly US, law) the legal philosophy that the Constitution should be read in a broad way that adapts to the changing times


living constitution

living constitution (plural living constitutions)

(chiefly US, law) the claim that the Constitution holds a dynamic meaning that evolves to new circumstances and should be understood in accordance with the needs and views of society


thin skull rule

thin skull rule (plural thin skull rules)


eggshell rule

(law) The common-law rule according to which the unexpected frailty of an injured person is not a valid defense to the seriousness of any injury caused to them.


crumbling skull rule

crumbling skull rule (plural crumbling skull rules)

(law) a common-law rule according to which a defendant is not liable for the plaintiff's conditions or injuries that predate the tort, except to the degree that the tort worsened or hastened that injury or condition


shopkeeper's privilege

(law) A law in the United States, according to which a shopkeeper can detain a suspected shoplifter on store property for a reasonable amount of time, as long as the shopkeeper has cause to believe that the detainee actually committed, or attempted to commit, theft of store property.


blind trust

(law) A trust set up so that the beneficiaries have no knowledge of the holdings of the trust, and no right to intervene in their handling.


court case

(law) a legal case to be resolved in a court


conscriptive

en-adj

conscriptive (comparative more conscriptive, superlative most conscriptive)

more conscriptive (comparative)
most conscriptive (superlative)

For example, statements made by the accused will be conscriptive. So too will blood samples, breath samples, pulled hairs, re-enactments of the crime, or even the act of standing in an identification lineup.

1999, David M. Paciocco, Getting away with murder: the Canadian criminal justice system:

In deciding what constitutes a fair trial, the court has relied heavily on a distinction between what it has labelled as "real" evidence and "conscriptive" evidence.

2002, Janet L. Hiebert, Charter Conflicts: What is Parliament's Role?, page 137:

The first stage requires courts to classify the evidence as either conscriptive or non-conscriptive. If the evidence is classified as conscriptive, the second stage then requires the party seeking to admit the evidence to prove on a balance of probabilities that the evidence could have been discovered by alternative, non-conscriptive means.

2002, Canadian criminal cases, page 248:

(law) Produced through the compulsory participation of the accused; violating the accused's right to avoid self-incrimination.


condonance

en-noun

condonance (countable and uncountable, plural condonances)


squatter's rights

squatter's rights pl (normally plural, singular squatter's right)


open and notorious

(law) A requisite condition of adverse possession stipulating that the disseisor's occupation of the property must be visible and provide reasonable (if tacit) notice to the disseisee.


alternative liability

(law) a legal doctrine that allows a plaintiff to shift the burden of proving causation of her injury to multiple defendants, even though only one of them could have been responsible


lying in wait

(law) The act of hiding and waiting for someone with the intent to kill or inflict serious bodily harm to them.


last antecedent rule

(law) A doctrine of statutory interpretation according to which qualifying phrases attach and refer to only the last antecedent.


rule of sevens

(law) A common law rule that establishes three age brackets for determining a juvenile's culpability for a tort or a crime.


baseball rule

(US, law) A common law rule according to which a baseball team cannot be held liable for injuries suffered by a spectator struck by a foul ball so long as the team has offered some protected seating.


fireman's rule

(law) A common law rule in some jurisdictions where police officers, firefighters, and other professional rescuers cannot collect on damages that occur in the course of their duties even in cases of clear negligence by other parties.


rule of lenity

(law) A common law rule according to which an ambiguous criminal law should be interpreted in the way most favorable to the defendant.


stuff gown

The appointment of a stuff gown is a decided step towards a more efficient discharge of the duties of Law Adviser, and this is no small matter […]

1869, The Irish Law Times and Solicitors' Journal, volume 3, page 114:


minor child

(law) A child below the age of majority, consent, &c.


orphan work

(copyright law) A copyright-protected work for which rightsholders are positively indeterminate or uncontactable.


UNFCCC

COP stands for conference of the parties under the UNFCCC, and the annual meetings have swung between fractious and soporific, interspersed with moments of high drama and the occasional triumph (the Paris agreement in 2015) and disaster (Copenhagen in 2009).

2019 December 2, Fiona Harvey, “Climate crisis: what is COP and can it save the world?”, in The Guardian:

w:United Nations Framework Convention on Climate Change

(law, climate change) Initialism of United Nations Framework Convention on Climate Change.


open texture

Coined by Austrian philosopher Friedrich Waismann in 1945.

coin

(law) The phenomenon that legal rules are a function of language and are thus subject to attempts at definition of vague or interpretative terms.


open-textured

en-adj

open-textured (comparative more open-textured, superlative most open-textured)

more open-textured (comparative)
most open-textured (superlative)

Lacking any clear textual or historical definition of its own, the phrase "probable cause" is every bit as open-textured as these other terms of art and is every bit in need of sound analytical and doctrinal exposition.

March 30, 2020, Andrew Manuel Crespo, “Probable Cause Pluralism”, in Yale Law Journal, page 8:

(law) subject to constant attempts at ascribing a meaning, due to a legal rule's vagueness or multiple interpretations