writ of right

a claimant in fee-simple may have a mere writ of right; which is in its nature the highest writ in the law

(law) A writ which lay to recover lands in fee simple, unjustly withheld from the true owner.


nihil dicit

(law) A declinature by the defendant to plead or answer.


nihil debet

(law) The general issue in certain actions of debt.


gross adventure

(law) The loan of money upon bottomry, i.e. on a mortgage of a ship.


duplex querela

(ecclesiastical law) A complaint in the nature of an appeal from the ordinary to his immediate superior, as from a bishop to an archbishop.


catching bargain

en-noun

catching bargain (plural catching bargains)

It seems to me that the contract in the bill mentioned, was free from any suggestion of falsehood or concealment of the truth; that it was a catching bargain by the purchaser

1765, Kentucky Court of Appeals, Reports of Civil and Criminal Cases Decided by the Court of Kentucky:

(law) A bargain made with an heir expectant for the purchase of his expectancy at an inadequate price.


bargain and sale

A thirteenth species of conveyance , introduced by this statute , is that of a bargain and sale of lands ; which is a kind of real contract , whereby the bargainor , for some pecuniary consideration , bargains and sells

1765–1769, William Blackstone, Commentaries on the Laws of England, (please specify |book=I to IV), Oxford, Oxfordshire: […] Clarendon Press, →OCLC:

(law) A form of conveyance by which the bargainor contracts to convey the lands to the bargainee and becomes by such contract a trustee for and seized to the use of the bargainee. The statute then completes the purchase, i.e. the bargain vests the use, and the statute vests the possession.


wager of law

(law, historical) The giving of gage, or sureties, by a defendant in an action of debt, that at a certain day assigned he would take an oath in open court that he did not owe the debt, and at the same time bring with him eleven compurgators who would avow that they believed in their consciences that he spoke the truth.


violent presumption

violent presumption (countable and uncountable, plural violent presumptions)

(law) presumption of a fact that arises from proof of circumstances which necessarily attend such facts.


drift of the forest

drift of the forest (plural drifts of the forest)

/ˌdɹɪft‿əv ðə ˈfɒɹɪst/

/ˌdɹɪft‿əv ðə ˈfɔɹəst/

From drift (“act of driving or herding cattle”) + of + the + forest.

It ſeemeth by the Aſſiſes of the Forreſt of Pickring and Lancaſter, that the Officers of the Forreſt there, did vſe to make two driftes of their Forreſt euery yeare, the firſt of thoſe driftes was made yearely fifteene daies before Midſomer, at the beginning of the Fence moneth, becauſe that in that moneth, no man might haue any beaſtes commoning within the waſt ſoile of the Forreſt, and then by that drift, the forreſt was cleane emptied and auoided of all beaſts and cattell, during the fence moneth onely: […]

1598, John Manwood, chapter XV, in A Treatise and Discourse of the Lawes of the Forrest: […], London: […] [Adam Islip (?) for] Thomas Wight and Bonham Norton, →OCLC, section 2 (At what Time of the Yeare the Forrest shall be Driven), folio 86, recto:

The drifts of the foreſts are ſaid to be when all the Cattle as well of Commoners as of Strangers are driven by the Officers of the foreſt to ſome certain Pound or place incloſed, and the end hereof is threefold, viz. Firſt, to ſee whether thoſe that ought to common doe common with ſuch kind of Cattle as by preſcription or grant they ought. Secondly, if they common with ſuch Cattle as they ought, whether they doe ſurcharge or no. Thirdly, if the Cattle of any Stranger be there, which ought not to common at all.

1644, Edw[ard] Coke, “Of the Forests, and the Jurisdiction of the Courts of the Forest”, in The Fourth Part of the Institutes of the Laws of England. […], London: […] M[iles] Flesher, for W[illiam] Lee, and D[aniel] Pakeman, →OCLC, page 309:

[T]he swainmote, held three times a year, when the agistors came together to take agistment; at which time the drift of the forest was made, that is, all the animals were to be driven together into one pound, to see that those who commoned did so with such kind of cattle, as they, by prescription or grant, ought to do.

1829, George Crabb, “Henry III”, in A History of English Law; or An Attempt to Trace the Rise, Progress, and Successive Changes, of the Common Law; […], London: Baldwin and Cradock, →OCLC, page 148:

And every three years there was a special Drift of the forest, which was a sort of census of the venison.

1895, Francis Watt, “The Law of the Forest”, in The Law’s Lumber Room, London: John Lane, The Bodley Head, […]; Chicago, Ill.: A[lexander] C[aldwell] McClurg & Co., →OCLC, page 70:

(British, law, historical) The act of driving or herding cattle in a forest to a particular place in order to determine who they belong to and whether the owners have a right to common or pasture them in the forest, and whether any fines should be paid by those without such a right.

metsän eläinten ajo tarkistusta varten

act of driving or herding cattle in a forest to a particular place in order to determine who they belong to, etc.


violent profits

(law, Scotland) Rents or profits of an estate obtained by a tenant wrongfully holding over after warning. They are recoverable in a process of removing.


clean hands

He that hath clean hands shall be stronger and stronger.

1611, The Holy Bible, […] (King James Version), London: […] Robert Barker, […], →OCLC, Job 17:9:

(figurative, idiomatic, law) Freedom from guilt, especially from the guilt of dishonesty in money matters, or of bribe-taking.


calendar day

Travel insurance is available at the special price of pounds 4 for one calendar day, pounds 10 up to 36 hours.

1997 November 21, “French shopping and lunch from pounds 29”, in The Independent, UK, retrieved 2014-05-26:

The $28 billion budget was approved by committees in both houses Wednesday. Since one calendar day must elapse before a floor vote, the votes will take place after midnight Thursday unless Republicans agree to suspend the rule.

2004 June 24, Laura Mansnerus, “Trenton Approves $28 Billion Budget Plan”, in New York Times, retrieved 2014-05-26:

"[T]he Games were stopped for a full 24 hours, though it was not a calendar day."

2012 May 2, Simon Burnton, “The terrorist outrage in Munich in 1972”, in The Guardian, UK, retrieved 2014-05-26:

(law) A timespan of exactly 24 hours, measured from one midnight to the next.


leading case

It is remarkable , that in the leading case cited as the foundation of the whole doctrine

1857, Austin Abbott, Reports of Practice Cases:

(law) A reported decision which has come to be regarded as settling the law of the question involved.


keep term

en-verb

keep term (third-person singular simple present keeps term, present participle keeping term, simple past and past participle kept term)

keeps term (present singular third-person)
keeping term (participle present)
kept term (participle past)
kept term (past)

(UK, law, dated) To eat a sufficient number of dinners in hall, at the Inns of Court, to make the term count for the purpose of being called to the bar.


libel chill

Ira Glasser's Op-Ed article and Anthony Lewis's column of Dec. 10 both address the possible chilling effect on the press raised by the potential cost of defending against a libel action by a public official.

1984 December 16, William Vandersteel, “Defrosting Libel Chill”, in New York Times, retrieved 2014-05-29:

Black enjoys being rude about others—he has an endearing habit of writing sharp letters to his own papers—while reserving the right to sue those who are rude about him. Even Siklos is forced to refer to the "libel chill" around Black.

1996 February 3, Robert Winder, “Black humours”, in The Independent, UK, retrieved 2014-05-29:

There's been a lot of talk recently about the problem of "libel chill" on British science writing, that people self-censor for fear they'd be sued (as Simon Singh was by British Chiropractic Association).

2010 September 13, Alice Bell, “A physicist, a chemist and a zoologist walk into a bar . . .”, in The Guardian, UK, retrieved 2014-05-29:

It’s called “libel chill,” and it means too many writers are hesitating or even refraining from publishing work that goes against the grain for fear of being dragged through our trauma-inducing legal system.

2013 April 15, Dale Hamilton, “Libel chill leaving writers out in the cold”, in Guelph Mercury, Canada, retrieved 2014-05-29:

The businessman lost no time in slapping legal notices against every television channel which broadcast the conference. Libel chill, without a shred of doubt, for all the channels went silent.

2014 May 29, Saurav Datta, “Hush — slander is a criminal offence in India”, in Index on Censorship, UK, retrieved 2014-05-29:

(law, idiomatic) Uneasiness or unwillingness to speak publicly or to write about a matter, as a result of the threat or suggestion of a libel action should one do so.


benchslap

2012, Mark V. Holmes, United States Tax Court, Tigers Eye Trading, LLC v. Commissioner (dissenting), 138 T.C. No. 6, p. 211.
Of all the routines in judicial gymnastics, few have a higher degree of difficulty than the reverse benchslap, and we're trying for a combination double with our Opinion today.

(slang, law) A judicial ruling or opinion that is harsh or humiliating towards a particular party, attorney, or lower court opinion.


benchslap

benchslap (third-person singular simple present benchslaps, present participle benchslapping, simple past and past participle benchslapped)

benchslaps (present singular third-person)
benchslapping (participle present)
benchslapped (participle past)
benchslapped (past)

(slang, law) To issue a judicial ruling or opinion that is harsh or humiliating towards a particular party, attorney, or lower court opinion.


free and clear

[T]hey cannot at once name a dozen in the town who own their farms free and clear.

1854, Henry David Thoreau, chapter 1, in Walden:

I have been trying to get a free and clear title to the land for a client of mine.

1905, Horatio Alger, chapter 21, in From Farm to Fortune:

The will might stipulate, for example, that the heir receive the home, free and clear, Ms. Wheatley-Liss said, which may mean that the executor will be directed to sell stocks, bonds or other assets in the estate to pay off the mortgage.

2011 November 17, Vickie Elmer, “Inheriting a Home, and a Loan”, in New York Times, retrieved 2014-06-06:

(law, of a possession) In a condition of lawful outright ownership, without restrictions or encumbrances.

I made the last payment on the house today. . . . We’re free and clear.

1949, Arthur Miller, Death of a Salesman, Requiem

Though standard in real estate transactions, the concept of title insurance, which guarantees that a seller is the free and clear owner, has been resisted by the art world.

2010 November 10, Kate Taylor, “Title Insurance Concept Spreads Into Art Sales”, in New York Times, retrieved 2014-06-06:

(law, of a person) Possessing such lawful outright ownership.


pocket-sheriff

(UK, law, historical) A sheriff appointed by the sole authority of the Crown, without a nomination by the judges in the exchequer.


freedom of the seas

[T]he time of hostile rivalry between the two countries had passed away. There now only remained emulation in doing everything that could advance the cause of civilization and liberty. "The freedom of the seas, pacific contests in labor, and the beneficent conquests of commerce" were meant by the union of the flags of England and France.

1865 September 3, “The Naval Fetes at Cherbourg”, in New York Times, retrieved 2014-06-22:

Blenkiron said that Germany was right in wanting the freedom of the seas, and that America would back her up, and that the British Navy was a bigger menace to the peace of the world than the Kaiser's army.

1916, John Buchan, chapter 3, in Greenmantle:

In the 17th century Hugo Grotius developed the doctrine of the "freedom of the seas", in the face of Portuguese and Spanish claims to sovereignty over vast areas of ocean.

2011 June 21, Jason Hall-Spencer, “A steward for our oceans”, in The Guardian, UK, retrieved 2014-06-22:

(law) The doctrine, widely recognized in international law, that, outside of narrow territorial limits, the oceans are open to unhindered navigation by vessels of all countries.


of counsel

(US, law) Used as the title of an attorney who has a relationship with a law firm or other organization, but is not an associate or a partner.


suit custom

(law, historical) A service which is owed from time immemorial.


watch and ward

(law) The charge or care of certain officers to keep a watch by night and a guard by day in towns, cities, and other districts, for the preservation of the public peace.


say on pay

(law) A rule in corporate law whereby a firm's shareholders have the right to vote on the remuneration of executives.


book of business

en-noun

book of business (plural books of business)

(US, law) A lawyer's collection of clients.


dry rent

Rent-Seek, or dry Rent, is where a Man passeth his Estate to another, and reserves to him and his Heirs a certain Rent

1722, Gilles Jacob, A New Law Dictionary:

(UK, law) A rent reserved by deed, without a clause of distress.


strike a jury

en-verb

strike a jury (third-person singular simple present strikes a jury, present participle striking a jury, simple past struck a jury, past participle struck a jury or stricken a jury)

strikes a jury (present singular third-person)
striking a jury (participle present)
struck a jury (past)
struck a jury (participle past)
stricken a jury (participle past)

After these motions were argued, the parties met in the prothonotary's office, and struck a jury, leaving twenty-four names in the panel not struck

(law, jurisprudence) To constitute a special jury ordered by a court, by each party striking out a certain number of names from a prepared list of jurors, so as to reduce it to the number of persons required by law.


CLE

(law) Continuing Legal Education, the professional education of lawyers that takes place after their initial admission to the bar.


ground annual

(law, Scotland, historical) An estate created in land by a vassal who instead of selling his land outright reserves an annual ground rent, which becomes a perpetual charge upon the land.


widow's chamber

(UK, law, historical) In London, the apparel and furniture of the bedchamber of the widow of a freeman, to which she was formerly entitled.


antisuit

(law) Being or relating to an injunction that prevents an opposing party from commencing or continuing a proceeding in another jurisdiction or forum.


true bill

(law) A grand jury's document endorsing the indictment it was to decide on, indicating that a criminal trial is appropriate.


make default

make default (third-person singular simple present makes default, present participle making default, simple past and past participle made default)

makes default (present singular third-person)
making default (participle present)
made default (participle past)
made default (past)


adhesion contract

en-noun

adhesion contract (plural adhesion contracts)

(law) A contract set by one party, so that the other party has little or no ability to negotiate more favorable terms and conditions.


melius inquirendum

(law, historical) A writ commanding a further enquiry into something.


lienholding

(law) Having right of property as a lienholder.


pedis possessio

(law) The act of walking on a property to establish ownership.


resisting arrest

(law) The crime of obstructing or opposing a police officer who is making an arrest.


gross indecency

gross indecency (countable and uncountable, plural gross indecencies)

(UK, Canada, law) Any of various sexual criminal offences, including sex with a child and (formerly) male homosexuality.


tzeniut

Hebrew צניעות, literally "modesty" or "privacy".

uder

Hebrew צניעות

(Jewish law) Standards of modesty in dress and conduct, especially between the sexes.


commission agent

en-noun

commission agent (plural commission agents)

(law) An agent entrusted with the possession of goods to be sold in the agent's name.

(law) A merchant earning a commission by selling goods belonging to others.


antistuffing

an antistuffing law

(US, finance, law) Preventing stuffing (the tax loophole).


pith and substance

In determining the “pith and substance” of the legislation, ‘it is necessary to identify the dominant or most important characteristic of the challenged law’.

c. 1985, Peter Hogg, Constitutional Law of Canada, 2nd edition, page 313:

(Canada, law) The content or subject matter, the leading feature or true nature and character of a law.


pendent jurisdiction

(US, law) The authority of a United States federal court to hear a closely related state law claim against a party already facing a federal claim.


donatio mortis causa

donatio mortis causa (plural donationes mortis causa)

donatio inter vivos

antonym(s) of “a gift given during the donor's life”

From Latin dōnātiō (“donation, gift”) + mortis (“death”) + causā (“on account of”, postposition). Literally a gift on account of (one's) death.

(law) A deathbed gift: a future gift given in expectation of the donor's imminent death and only delivered upon the donor's death.


donatio inter vivos

donatio inter vivos (plural donationes inter vivos)

donatio mortis causa

antonym(s) of “a gift given in expectation of the donor's death”

From Latin dōnātiō (“donation, gift”) + inter (“between”) + vīvōs (“living”). Literally a gift between the living.

(law) a lifetime gift, a present or future gift given during the donor's lifetime.


color of law

The plaintiff claimed that under color of law the officer had deprived him of his civil rights.

(law, US) A mere semblance of legal right; a means to do something with the apparent authority of law but actually in contravention of law.


halywercfolk

Learned borrowing from Old English hāliġ (“holy”) + weorc (“work”) + folc (“folk”).

For such persons within the bishopric of Durham as held their lands by the service of defending the corpse of St Cuthbert were called Halywercfolk, and claimed the privilege of not being forced to go out of the bishopric either by the King or Bishop.

1874, Thomas Blount, William Carew Hazlitt, Tenures of Land & Customs of Manors, page 429:

(law) In Old English law, tenants who held land by the service of repairing or defending a church or monument, whereby they were exempted from feudal and military services.


read in

en-verb

read in (third-person singular simple present reads in, present participle reading in, simple past and past participle read in)

reads in (present singular third-person)
reading in (participle present)
read in (participle past)
read in (past)

(law) To judicially insert an official legal interpretation into a statute


liberum veto

Polish-Lithuanian Commonwealth
Polish-Lithuanian Commonwealth

(historical, law, politics) A parliamentary rule in the Polish-Lithuanian Commonwealth, allowing any dissenting member of the legislature to force an immediate end to the current session and nullify any legislation that had already been passed.


innocent agent

(law) A person who unknowingly, unintentionally, or under force or coercion commits a criminal act on behalf of another.


voluntary agent

en-noun

voluntary agent (plural voluntary agents)

(law) A person (also called gestor) who acts on behalf of another (dominus), without the latter's prior consent. Such agency is called negotiorum gestio.


testilying

Blend of testifying + lying. Coined by New York City police officers, appearing in print in 1994 in the report of the Mollen Commission (see 1994 quotation).

Several officers also told us that the practice of police falsification in connection with such arrests is so common in certain precincts that it has spawned its own word: “testilying.“

[1994, Commission to Investigate Allegations of Police Corruption and the Anti-Corruption Procedures of the Police Department, Committee Report, page 36:

“Testilying,” police fabricating evidence or lying in court, is a type of police corruption.

2007, Jack R. Greene, “Courtroom testimony and ‘testilying’”, in The Encyclopedia of Police Science, volume 1, page 273:

Shadow vigilantism can also be seen in the conduct of officials within the system who feel morally justified in subverting the system because they see it as regularly and indifferently producing failures of justice.[…] It’s also apparent in police “testilying” to subvert search and seizure technicalities (and judicial toleration of it) and in prosecutorial overcharging to compensate for past perceived justice failures.

2018, Paul H. Robinson, Sarah Robinson, Shadow Vigilantes: How Distrust in the Justice System Breeds a New Kind of Lawlessness: Section III. The Subversions and Perversions of Shadow Vigilantism:

(US, law, informal, euphemistic) The act of a police officer giving false testimony (perjury).


anticipatory breach

anticipatory breach (plural anticipatory breaches)

(law) A breach of contract where one party indicates prior to the time of performance that it will not perform when performance is due.


navigable waters

(law, US) Those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.


rule of man

(law) The absence of rule of law in which one person, or a group of persons, rules arbitrarily.


suspended sentence

suspended sentence (plural suspended sentences)

(law) A sentence which the offender serves in probation unless he/she commits another crime during the period the sentence is in force.

opgeskorte vonnis

a sentence which the offender serves in probation unless he/she commits another crime during the period the sentence is in force


enurement

Att'y Gen'l Black, in his opinion, holds that the United States having subsequently acquired the Indian right, the title would enure to the state under the grant made to it, and therefore the treaty stipulation could only apply to such lands as would not pass by enurement, and which the United States might lawfully and consistently with its former grant sell and dispose of, as the even numbered sections.

1866, Abram Daniel Smith, Philip Loring Spooner, Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin, page 164:

If it is forgoing interest, or if it has the chance of paying someone a guaranteed amount even through ^([sic]) they have not earned it, it is all a form of giving up a part of income that could be enurement.

1983, Bonnie B. Katz, Proceedings of the National Health Lawyers Association's Eighth Annual Program on Health Law Update, page 149:

If the agreement is assigned, an enurement clause ensures that the assignee will be bound by the terms of the agreement.

2018, James M. Klotz, International Sales Agreements:

(law) One's right to have or control an asset.


Juan Doe

(US, law, law enforcement) A Latino male who is unknown, a John Doe of Latin descent.


Juanita Doe

(US, law, law enforcement) A Latina who is unknown, a Jane Doe of Latin descent.


freedom of panorama

(copyright law) A provision in copyright law that permits taking photographs or video footage, or creating other images (such as paintings), of buildings and sometimes artworks that are permanently located in a public place, and publishing such images without infringing copyright.


presentment of Englishry

presentment of Englishry (plural presentments of Englishry)

(law, historical) successful proof or act of proving by the relatives of the deceased that one who had died suddenly was English, in order to avoid the fine levied (under the Norman kings) upon the hundred (an administrative subdivision) or township for the murder of a Norman


time theft

(business, law, human resources) The situation where an employee fraudulently receives compensation for an amount of time during which no work was performed.


Maxwellisation

James Clerk Maxwell
Maxwell–Boltzmann distribution
Robert Maxwell

From Maxwell + -isation (suffix forming nouns denoting the act, process, or result of doing something).
Sense 1 is named after the Scottish scientist James Clerk Maxwell (1831–1879) who first formulated what is now called the Maxwell–Boltzmann distribution, a probability distribution originally used for describing particle speeds in idealized gases, in 1860. Sense 2 is named after the British media proprietor and fraudster Robert Maxwell (1923–1991) who brought a court case in respect of a 1969 British government report that was critical of his conduct. The Court of Appeal of England and Wales held that he should have been shown the draft final conclusions of the inquiry so that he could respond to them.

suffix

(British, law) A process whereby a person criticized in an official inquiry is given an opportunity to read and respond to the criticisms before the report of the inquiry is published.


derogatory clause

en-noun

derogatory clause (plural derogatory clauses)

(law) A secret clause inserted into a testament and known by the testator alone, with a condition that no will made thereafter will be valid unless the same clause is inserted word for word (to guard against later wills extorted by violence, etc).


(law, US, Canada) Initialism of name, image, and likeness.


contemporanea expositio

From Latin contemporanea expositio (“that which was said at the time”). Part of the expression contemporanea expositio est optima et fortissima, in lege ("contemporaneous explanation is best and strongest in law").

gloss

We have the contemporanea expositio of Edward the Sixth, but what is the contemporanea expositio of Charles the Second ?

1856, Sir Robert Phillimore, Argument of Robert Phillimore in the Court of Arches: in the matter of the ornaments in the churches of St. Paul and St. Barnabas, Knightsbridge, page 141:

This is the contemporanea expositio which is to prove that the doctrine of the sacraments is not delivered fully in the Articles ; being in fact about a totally different question !

1848, Clericus M.A., Cantab, pseud, The Church of England pronounced heretical, by the promoters of a petition against the consecration of dr. Hampden to the see of Hereford, page 44

This was the clear result of the 1st George I., taken in conjunction with the other statutes, and the contemporanea expositio confirmed this construction.

1851, Edmund Burke, The Annual Register of World Events: A Review of the Year, page 186:

(law) Legal opinions set forth at the time a document was written.

The contemporanea expositio is a safe key to the meaning of deeds, and in Evelyn's Memoirs, written fourteen years after the complete establishment of the Charter House, we have a striking illustration of the original rule as he understood it […]

1832, The Law Magazine: Or, Quarterly Review of Jurisprudence, page 110:

Not only do I think that they must be read in conjunction, but the usage which has followed the Union has, in my judgment, both interpreted them when so read, and has by contemporanea expositio confirmed the view that they ought to be so read.

1910, The Scottish Law Reporter: Continuing Reports ... of Cases Decided in the Court of Session, Court of Justiciary, Court of Teinds, and House of Lords:

It was reasonably clear upon the argument submitted in the Court of Session that, at the time when the Act came into force, it was regarded by contemporanea expositio as applying to the Crown, but any doubt which might have existed was set ...

1920, “Lord Advocate v. Marquess of Zetland”, in Cases Decided in the Court of Session, Court of Justiciary, &c.; Also in the House of Lords, page 3:

(law) The doctrine that the legal opinions of the time a document was written should be used to interpret laws in preference to more modern formulations.


inverse condemnation

en-noun

inverse condemnation (countable and uncountable, plural inverse condemnations)

(law) The taking of private property by the government without providing compensation, thus forcing the previous owner to file a lawsuit against the government to recover the value of the property taken.


expressio unius est exclusio alterius

canon of construction
canon of construction

(law) A canon of construction holding that, when a legal document includes a list, anything not in that list is assumed to be purposely excluded.


balance of probability

balance of probabilities
balance of probabilities#English

(law) Alternative form of balance of probabilities


ASI

ASI (countable and uncountable, plural ASIs)

anti-suit injunction
anti-suit injunction#English

(law, countable) Initialism of anti-suit injunction.


court of appeal

court of appeal (plural courts of appeal)


operative clause

operative clause (plural operative clauses)

(law) A clause (of a judgment, order, resolution, etc.) which requires anything to be done or not to be done.


condition subsequent

condition subsequent (plural conditions subsequent)

(law) A condition depending upon an uncertain event which, if fulfilled, brings an end to an obligation or legal transaction.


juristic person

juristic person (plural juristic persons)


juridical person

juridical person (plural juridical persons)


en ventre sa mere

Borrowed from French en + ventre + sa + mère.


specific contract

specific contract (plural specific contracts)

nominate contract
nominate contract#English


nominate contract

nominate contract (plural nominate contracts)

(law) a contract distinguished by a particular name, such as sale, insurance, or lease.


mesnalty

From Anglo-Norman mesnalté. Compare mesne (“intermediate”).

"In old English law. The estate or right of a mesne, (q. v.) Termes de la Ley". Alexander M. Burrill
... now shall the donee hold by twelve pence, for the mesnaltie which was four pence is extinct, and the law reserved the tenure upon the gift in taile, in respect of the mesnaltie, and when the mesnaltie is extinct, the former rent between the donor and donee is extinct also... Coke et al
The judgement by the said statute of ... is a forejudger of the mesnalty, and that in two severall cases... Coke et al
The other case is, where the tenant recovereth his acquitall in a writ of mesne, if he be not acquited afterwards, he shall have a writ of distringas ad acquietandum against the same mesne, and if he commeth not, he shall be forejudged by his default of the mesnality; and so if he commeth... Coke et al

(law, historical) The position or land of a mesne lord.


mesne lord

Distinguishing the nature of the lord as intermediate (Old French mesne, "middle"), particularly as opposed to lords paramount and tenants-in-chief.

Thus all the land in the kingdom is supposed to be holden, mediately or immediately, of the sovereign, who is styled the lord paramount, or above all. Such tenants as held under the crown immediately, when they granted out portions of their lands to inferior persons, became also lords with respect to those inferior persons, as they were still tenants with respect to the king; and, thus partaking of a middle nature, were called mesne, or middle, lords. So that if the king granted a manor to A., and he granted a portion of the land to B., now B. was said to hold of A., and A. of the king... A. was both tenant and lord, or was a mesne lord: and B. was called tenant paravail, or the lowest tenant; being he who was supposed to make avail or profit of the land.

1767, William Blackstone, “The Rights of Things”, in Commentaries on the Laws of England, volume II, page 60:

(law, historical) A lord entitled to rent or feudal obligations from tenants but who himself owes rent or feudal obligations to another.


child molester

(all slang)

Is there available for distribution a copy of your essay on the subject of "The Menace of the Child Molester", which has been published in connection with a work of non-fiction […]

1967, Extent of Subversion in Campus Disorders, page 336:

(criminology) Someone who has committed an act of child molestation; someone who has sexually abused a minor.

児童性虐待者

じどうせいぎゃくたいしゃ


judicial officer

judicial officer (plural judicial officers)

As a European official, a calque of French huissier de justice (“court usher”) employing officer because of usher's lack of legal associations in English.

uder

(law) A public officer authorized to hear and decide cases in a court of law.

(law) A huissier de justice, a process server and officer of the court in several European countries.


heir-at-law

(law) A person legally entitled to inherit the property of someone who dies intestate.

ทายาทโดยธรรม

a person legally entitled to inherit the property of someone who dies intestate


heir at law

(law) Alternative spelling of heir-at-law


ganancial

(law, historical) Relating to, or held under, the Spanish system of law that controls the title and disposition of the property acquired during marriage by the husband or wife.


release warrant

en-noun

release warrant (plural release warrants)

(law) A court order authorising the release of a detained or imprisoned person.


detention warrant

detention warrant (plural detention warrants)

(law) a court order authorising the detention of a person following his arrest or pending any procedural activity (interrogation, examination, trial, etc.).


imprisonment warrant

imprisonment warrant (plural imprisonment warrants)

(law) a court order authorising the imprisonment of a person sentenced to imprisonment; a court order authorising the execution of an imprisonment sentence.


writ of summons

writ of summons (plural writs of summons)


with prejudice

The charges were dismissed with prejudice.

(law) Without the possibility of bringing a new case on the same basis.


writ of execution

writ of execution (plural writs of execution)

(law) a court order authorising an officer to carry a judgment into execution.

(law, US) a court order authorising an officer to seize and sell the judgment debtor's property in order to pay his judgment debt.


knight's fee

(law, historical) A kind of land tenure requiring military service to the land's chief lord as an obligation to maintain possession.

(law, historical) The specific amount of land giving rise to such requirements generally, being sometimes a hide or less and sometimes six or more hides.


odal

From Icelandic óðal. Cognate with Norwegian odel, odal (“allodium, patrimony”), Old English ēþel (“homeland”). Compare athel, Odelsthing.

(law, historical) Among the early and medieval Teutonic peoples, especially Scandinavians, the heritable land held by the various odalmen constituting a family or kindred of freeborn tribesmen.


caballeria

From Spanish caballería, from caballero (“horseman, gentleman, cowboy”) + -ía (“-y: forming nouns”), from Late Latin caballārius (“horseman, rider”), from Latin caballus (“horse”) + -ārius (“-ary”). Doublet of cavalry and chivalry.

der

(historical, law) A medieval Spanish land tenure equivalent to a knight's fee, held under an obligation for military service.


moral duty

moral obligation
moral obligation#English


moral obligation

en-noun

moral obligation (countable and uncountable, plural moral obligations)

(law) A duty which one owes and ought to perform on the basis of considerations of right and wrong, but which he is not legally bound to fulfill, as a duty to be charitable, a duty to pay a debt barred by the act of limitations, etc.

kewajiban moral

duty that one owes because of considerations of right and wrong but he is not legally bound to perform


foresentence

To move on that note from our deficient techniques of fact-gathering, there is a troublesome quality of class bias both in the subjects treated in foresentence reports and the standard modes of treatment.

1975, H. Richard Uviller, The Processes of Criminal Justice: Investigation, page 794:

(law, rare) A sentence or condemnation in advance.


in right of

In right of her being president of the Board, she is also the chair of Board meetings.

The husband held title to the land in right of his wife (see also jure uxoris).

(law) a power held as a consequence of another power, or held as a consequence of a relationship

The Queen of Canada in Right of Quebec is suing the Queen of Canada in Right of Newfoundland.

(law, government, often capitalized) jurisdiction of a person who is head of state of more than one state


diminished value

Damages are awarded for defects and omissions in the performance of construction contracts giving the damaged party what was contracted for or its equivalent. [references] The primary measure of defect damages is the cost of either correcting the defect or supplying the omission. This is known as the cost-of-correction rule. [references] This measure will be applied even though it may cost somewhat more to correct the defects than to have constructed the improvement to real property properly in the first place. Nevertheless the diminished value rule will be applied instead if correcting the defect or supplying the omission involves unreasonable economic waste because the cost of correction is materially disproportionate to the increased value that it would produce. The recovery for diminished value is the difference between the value the improvement would have had if properly constructed and the value as actually constructed. If, after construction defects have been corrected, the building still does not have the value it would have had if it had been constructed properly, the property owner may be able to recover both the cost-of-correction and the remaining diminished value.

2009, Carl J. Circo with Christopher H. Little, A State-by-state Guide to Construction & Design Law, Chicago: American Bar Association, →ISBN, page 1129:

Most automobile insurance policies, however, exclude coverage for diminished value.

2014, Meir Liraz, Cheap Car Insurance: How to Slash Your Auto Insurance Costs and Get Cheap Quotes, Liraz Publishing, →ISBN:

In assessing the income of the company for taxation the Commissioner allowed the claim for deduction for the actual cost of repairs and renewals, but did not allow any claim for diminished value.

1905, In re the Income Tax Cases, Hydraulics Company Case, in Supreme Court of Victoria (Australia), The Victorian Law Reports, p. 186

(law, insurance) A compensable loss in a property item's value after having been damaged and subsequently repaired or, in the case of a construction, having been constructed improperly or not according to contract.


vendor's lien

vendor's lien (plural vendor's liens or vendors' liens)

vendor's liens (plural)
vendors' liens (plural)

(law) An implied lien (that is, one not created by mortgage or other express agreement) given in equity to a vendor of lands for the unpaid purchase money.


state's evidence

(law) Court testimony from a person involved in a criminal activity case, implicating other people in crimes, usually given in exchange for leniency from the prosecutor.


work product

Something created as a product of one's work, particularly

(law, employment) Things and ideas created by an employee that are considered the legal property of the employer owing to the terms of employment

工作成果

something created by an employee that is considered the property of the employer

(law) Things and knowledge created or learned by a lawyer as part of work with a client, often protected against discovery during litigation


parcen

en-verb

parcen (third-person singular simple present parcens, present participle parcening, simple past and past participle parcened)

parcens (present singular third-person)
parcening (participle present)
parcened (participle past)
parcened (past)

Probably a back-formation from parcener, from Old French parçonier, from parçon, parcion (“part, portion”), from Latin partītiō (“a division”).


wager of battle

en-noun

wager of battle (plural wagers of battle)

(British, law, historical) The giving of gage, or pledge, for trying a cause by single combat, formerly allowed in military, criminal, and civil causes, and finally abolished in 1819. In writs of right, where the trial was by champions, the tenant produced his champion, who, by throwing down his glove as a gage, thus "waged", or stipulated, battle with the champion of the demandant, who, by taking up the glove, accepted the challenge.


pornoaction

A calque from a term coined in Indonesian as pornoaksi in 2006 for the Bill against Pornography and Pornoaction, which was passed in 2008.

(Indonesia, law) Any actions, behaviors, or forms of dress considered immoral in public due to sexual mores.


non-resident

(law) A person living in a country who is no legal permanent resident.


depraved-heart murder

depraved-heart murder (countable and uncountable, plural depraved-heart murders)

(law, countable, uncountable) Murder that is the result of an act which is dangerous to others and shows that the perpetrator has a depraved mind and no regard for human life.


fresh pursuit

fresh pursuit (countable and uncountable, plural fresh pursuits)

Where any person who falls under one of the following items is clearly deemed to have committed an offense a short time before, he/she shall be deemed a flagrant offender: (i) A person being engaged in fresh pursuit […]

1948, The Code of Criminal Procedure of Japan, article 212:


court in banc

(law) The full court sitting at its regular terms for the hearing of arguments upon questions of law, as distinguished from a sitting at nisi prius.


sweat of the brow

intellectual property
intellectual property

(law) In intellectual property law, the effort and expense expended by the creator of a protected work, which are entitled to certain protections, even if the work involves little creativity or originality.


DWAI

(US, law) Initialism of driving while ability impaired.


reckless endangerment

(law) The crime of engaging in conduct that creates a substantial risk of serious physical injury to another person, while disregarding foreseeable consequences to others from that conduct.


child endangerment

(law) The crime of engaging in conduct, through negligence or by malice, that creates conditions that place a child in danger of physical or psychological injury.


lashon hara

(Jewish law) Any form of communication — verbal, written, body language — that can result in emotional, financial, or physical harm to another person


fidepromissor

/ˌfaɪdiːpɹəʊˈmɪsɔː(ɹ)/

From Latin fidēprōmissor (“guarantor, surety”), from fidēprōmittō (“make a promise on behalf of another person, stand as guarantor or surety”) + -tor, from fidē (“in faith”) + prōmittō (“promise”).

compound

(historical, law) One who pledges himself as security for another; bail, surety


VLAD

(Australia, Queensland, law) Acronym of Vicious Lawless Association Disestablishment, a series of anti-bikie laws.


pacta sunt servanda

Latin plural of pactum (“pact”) + sunt servanda (“must be kept”), after pacta et promissa semperne servanda sint (“whether agreements and promises should always be kept”) in Cicero, De Oficiis 3.92.

In the law of treaties, the most important manifestation of the principle of good faith is undoubtedly the rule of pacta sunt servanda.

2004, FA Engelen, Interpretation of Tax Treaties under International Law, page 125:

Painstakingly negotiated agreements governed many aspects of international relations; the doctrine of pacta sunt servanda dictated that those agreements be obeyed.

2015, Susan Pedersen, ‘At least we worried’, London Review of Books, volume 37, number 12:


de son tort

Borrowed from French de + son + tort, literally "of his [own] wrong".

(law, postpositive) Without authority or right (to do something).


trustee de son tort

en-noun

trustee de son tort (plural trustees de son tort)

(law) A person who is not a regularly appointed trustee but interferes with the trust as if they were.


executor de son tort

executor de son tort (plural executors de son tort)

(law) A person who, without legal authority, assumes control of a deceased person's property as if they were executor.


inrollment

(law) The recording of a statute or act by placing it on a roll.


surresponse

The Local Rules do not address the propriety of surreplies or surresponses.

1995, Charles Harold Haden II, Hunt v. US (CIR), 889 F. Supp. 248

(US, law) A second response, typically by the defending party in litigation.


repledge

en-verb

repledge (third-person singular simple present repledges, present participle repledging, simple past and past participle repledged)

repledges (present singular third-person)
repledging (participle present)
repledged (participle past)
repledged (past)

(law, historical) To demand the presence of an offender accused before another tribunal, on the ground that the alleged offence was committed within the repledger's jurisdiction.


patentably

en-adv

patentably (comparative more patentably, superlative most patentably)

more patentably (comparative)
most patentably (superlative)

The CREATE Act will now permit patents with patentably indistinct claims to be separately owned, but remain valid.

1998, Jerome Rosenstock, Patent Interference Practice Handbook, →ISBN, page 17-17:

If you included more than one embodiment and if the overall appearance or scope of the each embodiment is patentably distinct, a restriction will be required even though all embodiments are functionally the same.

2005, Kay H. Chin, United States Design Patent Do it Yourself!, →ISBN, page 58:


nonmovant

Once this showing has been made, the burden of production shifts to the nonmovant having the burden of persuasion.

1995, Environmental Administrative Decisions, page 76:

In deciding whether there is disputed material fact issue precluding summary judgment, evidence favorable to nonmovant will be taken as true.

2003, Texas, Vernon's Texas Rules of Civil Procedure - Volume 2, page 177:

The motion must briefly explain why the nonmovant does not have the evidence it needs to oppose the summary judgment by affidavits.

2004, O'Connor's Federal Rules, Civil Trials, page 442:

(law) The party to a lawsuit who did not make a particular motion


nonprovisional

Utility and plant patents support two types of applications, a provisional application and a nonprovisional application[…].

2005, Practical Engineering Design, →ISBN, page 157:

Two filing fees are therefore incurred, and the total exceeds that of the nonprovisional alone.

2007, M. Henry Heines, Patents for Business, →ISBN, page 179:

Nonprovisional patent applications undergo full Patent Office review and establish the filing date.

2011, Dean O. Smith, Managing the Research University, →ISBN, page 245:


Daubert standard

Named after Daubert v. Merrell Dow Pharmaceuticals, a legal case setting a related precedent in 1993.

(US, law) A rule of evidence regarding the admissibility of expert witnesses' testimony during federal legal proceedings, and based (among other factors) on the use of the scientific method.


venireperson

en-noun

venireperson (plural venirepersons or venirepeople)

venirepersons (plural)
venirepeople (plural)

The court did not know whether personal voir dire would entail the same dangers of inducing bias as to the current procedures for voir dire, which is usually conducted in open court with the entire jury panel present and each juror given the opportunity to observe the examination of other venirepersons.

1981 January, “What's New in the Law”, in ABA Journal, volume 67, page 101:

(US, law) A potential juror who appears in court for jury selection.


North Carolina stratagem

"They [judges] are awake to what is called the 'North Carolina stratagem', whereby an application is made, late on Friday with a thick pile of affidavits, to a judge unfamiliar with an area of law in the hope that the judge will grant the injunction sought out of caution".

(law, US) A legal tactic in court proceedings, intended to place the opponent on to the wrong foot by unethical use of court procedures:


wrongously

(UK dialectal, Scotland, especially law) Wrongfully; in a wrongous (wrongful) manner.


riparianism

The result was a string of decisions that further established riparianism as a rule of law.

1993, Mary Catherine Miller, Flooding the Courtrooms: Law and Water in the Far West, →ISBN, page 180:

(chiefly US, law) A doctrine of riparian rights, based on the principle that the owners of riparian land had the right to remove reasonable amounts of water from the river, but others did not.


Miller test

Developed in the 1973 case Miller v. California.

(US, law) A test for determining whether speech or expression can be labelled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.


anticommandeering

(law, US) That prohibits the federal government from commandeering state governments


Allen charge

After the legal case Allen v. United States (1896).

Judge Shira A. Scheindlin read the panel the Allen charge, an instruction meant to encourage juries to continue working until they reach a verdict, and sent them back to continue deliberating.

2006 September 26, Timothy Williams, “Gotti Jurors Say They’re Deadlocked”, in New York Times, retrieved 2015-07-14:

(US, law) An instruction intended to prevent a hung jury by encouraging jurors in the minority to reconsider.


PEO

parking enforcement officer
parking enforcement officer#English

(law) Initialism of parking enforcement officer.


inherent vice

inherent vice (usually uncountable, plural inherent vices)

Leather, badly tanned, is susceptible to deterioration from inherent vice induced by poor quality manufacturing.

1988 February 21, Thomas C. Albro II, “Books and their Enemies Caring for your Library”, in Washington Post, retrieved 2015-07-17:

[T]he insurance was stated to cover “all risks of loss or damage” except that “caused by inherent vice or nature of the subject matter covered”.

2011 June 23, Locke Lord LLP, “Supreme Court confirms reduced scope of inherent vice exclusions”, in lexology.com, retrieved 2015-07-17:

The court also considered these principles in the context of the CMR Rules, in particular articles 3, 17 and 18.
Article17.2. The carrier shall, however, be relieved of liability if the loss, damage or delay was caused by the wrongful act or neglect of the claimant, by the instructions of the claimant given otherwise than as the result of a wrongful act or neglect on the part of the carrier, by inherent vice of the goods or through circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.

2012 October 8, Karl Grech Orr, “Carrier responsible for all damages during shipment”, in Times of Malta, retrieved 2015-07-17:

Ms. Figgis favors rich colors that bubble, ooze and marbleize as if alive. Her scenes . . . frequently feature daffy but spectral creatures and leering ghouls with top hats and canes. The art conservationist’s term “inherent vice” describes both the instability of the images and the general sense of the macabre.

2014 October 23, Roberta Smith, “Art & Design: Genieve Figgis: ‘Good Morning, Midnight’”, in New York Times, retrieved 2015-07-17:

(commercial law) An intrinsic shortcoming in an object, especially an object's in-built tendency to degrade, which adversely affects its evaluation, preservability, insurability, or acceptability to be transported by a shipper, and which usually limits the legal liability of those who handle or care for it.

Inherent vice (library and archival science)


nonassertion

a nonassertion covenant

(law) The situation where one party holds intellectual property rights against another party, but does not enforce them.


Blockburger test

After the 1932 legal case Blockburger v. United States.

(US, law) The test of whether multiple crimes violating the same statute represent separate offenses, based on whether each one requires proof of some distinct element.


COSHH

(UK, law) Initialism of control of substances hazardous to health.


OCILLA

w:Online Copyright Infringement Liability Limitation Act

(US, law) Abbreviation of Online Copyright Infringement Liability Limitation Act.


insucken

(law, Scotland) Pertaining to a district astricted to a certain mill.


bad actor

More needs to be done to combat financial crime, a senior lawyer at HSBC has said as he called for global collaboration over the rules imposed on banks to keep “bad actors” out of the financial system.

2016 September 26, Jill Treanor, quoting Stuart Levey, “Global collaboration needed on ‘bad actor’ rules, says HSBC legal chief”, in The Guardian:

The top-ranking Democrat on the Senate intelligence committee has warned that YouTube’s powerful recommendation algorithm may be “optimising for outrageous, salacious and often fraudulent content” or susceptible to “manipulation by bad actors, including foreign intelligence entities”.

2018 February 5, Paul Lewis, quoting Mark Warner, “Senator warns YouTube algorithm may be open to manipulation by 'bad actors'”, in The Guardian:

(idiomatic, law) Individual or entity with the prior criminal conviction, or who has been sanctioned by the court or regulator.


court of appeals

court of appeals (plural courts of appeals)


tag-along right

tag-along right (plural tag-along rights)

(law) The right of minority shareholders to join the deal, if the majority shareholder sells their stake, and sell their stakes according to the same terms and conditions.


slayer statute

(law) A statute that prohibits inheritance by a person who murders someone from whom he or she stands to inherit.


in the interest of justice

Motion to dismiss in the interest of justice

(law, US, idiomatic) the reason of case dismissal used when the judge decides that justice will be best served when the case is dismissed


pro confesso

Borrowed from Latin prō cōnfessō (“as, instead of it being confessed”).

bor+

His failure to respond meant he was sentenced pro confesso.

(law) As if an offence had been confessed or admitted.


alienation of affections

The wrong in alienation of affections is foreseen damage to the relationship between husband and wife, which requires the marriage not to have been in ruins before the outsider interfered.

2002, Eric Rasmusen, “5: An economic approach to adultery law”, in Antony W. Dnes, Bob Rowthorn, editors, The Law and Economics of Marriage and Divorce, page 83:

She brought suit against Margie under a seldom-used theory, the alienation of affections cause of action.
In an alienation of affections claim, a plaintiff can recover from a third party who has deprived her of the affection of her spouse.

2004, Robert F. Cochran, Robert M. Ackerman, Law and Community: The Case of Torts, page 79:

To make a successful claim for a^([sic]) alienation of affections, traditionally, a plaintiff would have to prove three elements: (1) that true affection had existed between the spouses at one time; (2) that the affection was destroyed; and (3) that the defendant caused the destruction of affection or otherwise impaired the marital relationship.

2011, Sonya Ziaja, “Homewrecker 2.0: An Exploration of Liability for Heart Balm Torts Involving AI Humanoid Consorts”, in Bilge Mutlu, Christoph Bartneck, Jaap Ham, Vanessa Evers, Takayuki Kanda, editors, Social Robotics: Third International Conference on Social Robotics, ICSR, page 117:

(law) A common law tort that can be brought against the third party alleged to be responsible for the failure of marriage; abolished in many jurisdictions.


praemunire facias

From Middle English premunire facias, premunire fac', from Latin praemunire facias (“that you cause to be forewarned”) from the opening words of the writ: praemūnīre (“you fortify (defend in advance)”) (an error for praemonēre (“you forewarn”)) + faciās (“you make”).

der

It [praemunire] is named, from the words of the writ, preparatory to the prosecution thereof, "Præmunire facias A. B. – Cause A. B. to be forewarned – that he appear before us to answer the contempt wherewith he stands charged;" which contempt is particularly recited in the preamble to the writ. […] It [the Statute of Praemunire (16 Ric. II, chapter 5)] enacts, that whoever procures at Rome or elsewhere, any translations, processes, excommunications, bulls, instruments, or other things, which touch the King, against him, his Crown and Realm, shall be put out of the King's protection; their lands and goods forfeited to the King's use; and they shall be attached by their bodies to answer to the King and his Council; or process of Præmunire facias shall be made out against them as in other cases of Provisors.

1820, Thomas Edlyne Tomlins, The Law-dictionary: Explaining the Rise, Progress, and Present State of the British Law; Defining and Interpreting the Terms or Words of art; and Comprising also Copious Information on the Subjects of Trade and Government, 3rd edition, volume II, London: Printed for Payne and Foss [et al.], →OCLC, pages 95–96:

Sect. 196. Also, there are sixe manner of men, […] who, if they sue, judgement may be demanded, if they shall be answered, &c. […] Sect. 199. The fourth is a man, who by judgement given against him upon a writ of praemunire facias, &c. is out of the king's protection.

1832 (originally 1628), Edward Coke; Francis Hargrave and Charles Butler, editors, The First Part of the Institutes of the Laws of England; or, a Commentary Upon Littleton: Not the Name of the Author only, but of the Law itself: Revised and Corrected with Additions of Notes, References, and Proper Tables, by Francis Hargrave and Charles Butler, Esqrs. of Lincoln's Inn, including also the Notes of Lord Chief Justice Hale and Lord Chancellor Nottingham; and an Analysis of Littleton, Written by an Unknown Hand in 1658–9, volume I, 19th corrected edition, London: Printed for J. & W. T. Clarke [et al.], OCLC 60713242, pages [638] and [644]; a republication in an edited form of The First Part of the Institutes of the Lawes of England. Or, a Commentarie upon Littleton, Not the Name of a Lawyer onely, but of the Law it selfe, London: Printed [by Adam Islip] for the Societe of Stationers, 1628, OCLC 84760833, book 2, chapter 11, sections 196 and 199

In the writ for the execution of all these statutes, the words præmunire facias, being used to command a citation of the party, here denominated in common speech not only the writ, but the offence itself, of maintaining the papal power by the name of præmunire.

1835, Thomas Stephen, The Book of the Constitution of Great Britain: Containing a Full Account of the Rise, Progress, and Present Construction of the Three Estates of the Realm, King, Lords and Commons; of the Various Courts of Jurisdiction; and of those Acts by which the Liberties or Rights of the Subjects are Affected, Glasgow: Blackie & Son, 8, East Clyde Street, and 5, South College Street, Edinburgh; W. Curry, Jun., & Co., Dublin; and Simpkin & Marshall, London, →OCLC, page 80:

Præmunire is so called from a word in the writ, præmunire facias præfatum A.B. quod tunc sit coram nobis, &c. where præmunire is used for præmonere, to warn the person to appear […] And by the 16 Rich. II c. 5, commonly called the Statute of Præmunire, and to which the several subsequent statutes do refer, both those who pursue, or cause to be pursued, in the court of Rome, or elsewhere, any processes or instruments, or other things whatsoever, which touch the king, against him, his crown and regality, or his realm, and also those who shall bring, receive, notify, or execute them, and their faulters, and abettors, shall be out of the king's protection; and their lands, tenements, goods and chattels, forfeit to the king; and they shall be attached by their bodies, if they may be found, and brought before the king and his council, there to answer; or process shall be made against them by præmunire facias, in manner as is ordained in other statutes of provisors.

1837, Richard Burn, Joseph Chitty, Montague B. Bere, Thomas Chitty, The Justice of the Peace and Parish Officer, 28th edition, volume V, London: S[tephen] Sweet, 1, Chancery Lane; Stevens & Sons, 39, Bell Yard, and A[lexander] Maxwell, 32, Bell Yard, Lincoln's Inn, →OCLC, page 287:

The latter statute [Statute of Praemunire (16 Ric. II, chapter 5)] stated that any person who appealed to a court outside England, if presented with a writ of praemunire facias, was required to answer the resulting charges of contempt within two months or face penalties of outlawry and forfeiture of all lands and goods. The writ of praemunire facias had been available for some years. What the new statute did was to ensure that people making an appeal to a foreign court faced serious penalties if they ignored a writ of praemunire facias.

2002, Ronald H. Fritze, William Baxter Robison, Historical Dictionary of Late Medieval England, 1272–1485, Westport, Ct.: Greenwood Press, →ISBN, page 439:

(law, England, historical) More fully writ of praemunire facias: a writ directing a sheriff to forewarn a person that he or she must appear before a court to answer a criminal charge of having brought a suit in or obeyed a foreign (especially papal) court or authority, thus challenging the supremacy of the Crown; a praemunire.


order to show cause

en-noun

order to show cause (plural orders to show cause)

(law) A type of court order that requires a person to justify, explain, or prove something to the court.


clameur de haro

clameur de haro (plural clameurs de haro)

From Anglo-Norman/Law French clameur de haro.

(law, Channel Islands) An ancient Norman legal procedure, still valid in the Channel Islands, in which any person can publicly recite a certain formula calling on the sovereign's aid and thereby create a form of injunction requiring certain conduct to cease until a court can determine its lawfulness.


nonwasting

(law, finance) Of an asset: not undergoing a gradual decrease in value over time.


dynamite charge

dynamite charge (plural dynamite charges)

"There are no studies comparing deadlocked juries blasted with the dynamite charge to those left to their own devices."

2013, Saul M. Kassin, Lawrence S. Wrightsman, The American Jury On Trial: Psychological Perspectives:

(law, idiomatic) Instructions given by the judge to a jury that has failed to reach a verdict, in the hope that they can do so after further deliberation.


CCAA

(Canada, law, finance) Initialism of Companies' Creditors Arrangement Act. (bankruptcy in Canada)

LACC (loi sur les arrangements avec les créanciers des compagnies)


interjurisdictional

en-adj

interjurisdictional (comparative more interjurisdictional, superlative most interjurisdictional)

more interjurisdictional (comparative)
most interjurisdictional (superlative)

"We will examine what types of interjurisdictional redistributive schemes emerge from an electoral process and why they do."

2007, Fabio Padovano, The Politics and Economics of Regional Transfers: Decentralization ...:

(law) occurring as a result of an interaction between two or more jurisdictions


mirandarize

en-verb

mirandarize (third-person singular simple present mirandarizes, present participle mirandarizing, simple past and past participle mirandarized)

mirandarizes (present singular third-person)
mirandarizing (participle present)
mirandarized (participle past)
mirandarized (past)

It wasn't until the officer pulled out the cuffs and mirandarized me that everything fell into place.

(law, US, jargon) to read Miranda warning to the person being arrested


unmirandized

Court ruled that physical evidence that was the fruit of an unmirandized interrogation need not be suppressed.

(law, US) Not having had the Miranda warning read out.


equalization payment

en-noun

equalization payment (plural equalization payments)

The court set aside a trial judge's decision from 2007 that required Harold Serra to make an "equalization payment" of $3.3 million to his former wife.

2009 February 5, Tracey Tyler, “Hard times alter rules on divorce, court says”, in Toronto Star, Canada, retrieved 2015-10-21:

In places like Manitoba and Ontario, where the distribution of family assets upon marriage breakdown is done through an equalization payment based on the value of what both spouses’ own, the claim can be extinguished through a discharge from bankruptcy.

2011 July 14, Christine Dobby, “Divorce payment unenforceable after bankruptcy: SCC”, in Financial Post, Canada, retrieved 2015-10-21:

[T]he impact of income taxes shapes the size and type of assets that are transferred between spouses. So, carefully consider them when splitting assets as part of an equalization payment.

2013 January 23, Frank Di Pietro, “Minimize tax on marriage breakdown”, in advisor.ca, Canada, retrieved 2015-10-21:

(Canada, law) In a divorce agreement, a payment made by one spouse to the other in order to create an equal division of assets.


no-bail

"Now I had a no-bail warrant out on me at this time. That means they have to arrest you. They have to take you into custody."

2015, Kelly Ray Knight, Addicted. Pregnant. Poor.:

(law) (of a warrant, detainment, or hold) that requires to deny bail


double hearsay

(law) hearsay that contains a hearsay statement itself


strict constructionism

(US, law) A legal philosophy of judicial interpretation that requires a judge to apply the text only as it is written, without drawing inferences.


shell company

It was a shell company and, the SEC alleges, never had researchers, research plans or any scientific resources.

2003 November 15, Tony Levene, “Capital letters”, in The Guardian:

This luxury-loving and profligate shell company is registered at a betting shop on the Caledonian Road, an unlovely thoroughfare in North London on which you'd be more likely to find amphetamines than a top-notch lawyer.

2018, Oliver Bullough, chapter 2, in Moneyland, Profile Books, →ISBN, page 19:

(law, business) A company that engages in no substantive business activities, but instead exists as a vehicle for legal or financial transactions, typically to shield another party from liability or other issues.

skuffeselskab

company without activity created for tax purposes


suo motu

(law, India, Pakistan) Synonym of sua sponte


red light camera

red light camera (plural red light cameras)

(law, automotive) An automatic traffic light enforcement camera which captures images of vehicles violating red lights.


street gang

(law, criminology, sociology) An organized group of lower-class criminals; an urban gang.


no-knock

a no-knock warrant

a no-knock raid

(US, law) Allowing police to enter a property without immediate prior notification of the residents, as by knocking or ringing a doorbell.


prohibitionism

(law) The doctrine that people will refrain from certain actions if they are deemed unlawful (prohibited)


outfangenthef

King John granted to the prior and convent, in all their manors and lands, sac, soc, tol, and theam, infangenthef, and outfangenthef, with the ordeals or judgment by fire, water, and iron, and a common gallows in each manor; with a view of frankenpledge, and assize of bread and ale, of all their tenants […]

1806, Francis Bloomfield, An Essay Towards a Topographical History of the County of Norfolk, Vol. IV, p. 517

(historical, law) Alternative form of outfangthief.


infangenthef

(historical, law) Alternative form of infangthief.


frankenpledge

King John granted to the prior and convent, in all their manors and lands, sac, soc, tol, and theam, infangenthef, and outfangenthef, with the ordeals or judgment by fire, water, and iron, and a common gallows in each manor; with a view of frankenpledge, and assize of bread and ale, of all their tenants...

(law, historical) Alternative spelling of frankpledge.


frank-pledge

(law, historical) Alternative form of frankpledge.


decenary

From Medieval Latin decēnārius, from decēna (“a tithing”) + -ārius (“-ary”).

(law, historical) Of or related to a tithing.


decenary

All males... should... be enrolled in a tithing, or decennary, which originally consisted of ten free families.

1881, T.S. Frampton, Hundred of Wrotham, page 36:


TNC

transnational corporation
w:transnational corporation

(law, business) Initialism of transnational corporation.


socan and sacan

(law, historical) Alternative form of soc and sac.


habous

(Islam, law) An equivalent of mortmain in Islamic law


huissier de justice

huissier de justice (plural huissiers de justice)

From French huissier de justice (“justice usher, court usher”).

bor

(law) An officer of the court in several European countries who serves processes and notices, seizes and auctions off property, and executes garnishments, levies, and evictions, roughly similar to British bailiffs or private constables in Massachusetts and Rhode Island.


life interest

Under this Will you will perceive that you take a life-interest in about half of the late Mr. Vincey's property, now invested in Consols, subject to your acceptance of the guardianship of his only son, Leo Vincey, at present an infant, aged five.

1886 October – 1887 January, H[enry] Rider Haggard, She: A History of Adventure, London: Longmans, Green, and Co., published 1887, →OCLC:

(law) A right, typically in the form of regular income, that lasts for the lifetime of the person benefiting from that right.


subfeu

en-verb

subfeu (third-person singular simple present subfeus, present participle subfeuing, simple past and past participle subfeued)

subfeus (present singular third-person)
subfeuing (participle present)
subfeued (participle past)
subfeued (past)

From sub- + feu. Cognate with subfief and Latin subfeudum, subfeodare.

(transitive and intransitive, Scotland law, historical) To subinfeud: to grant land via a subfeu.


stolen valor

Coined by American writer B. G. Burkett in 1998

coinage

(law) An instance of stolen valor in which the perpetrator has the intention to receive money, donations, discounts, or other benefits.


Kennedy plea

From the case of Kennedy v. Frazier, 178 W.Va. 10, 357 S.E.2d 43 (1987), in which the procedure was upheld by the Supreme Court of Appeals of West Virginia.

The Charleston man whose conviction for the shooting death of a former Marshall University football player was overturned, has entered a "Kennedy Plea", rather than go through a second trial... In a Kennedy Plea, the person does not accept guilt, but accepts the punishment for the crime.

2014, WSAZ News Staff, "Jerel Garner Enters "Kennedy Plea" in Donte Newsome's Shooting Death", on WSAZ.com, 9 Sept. 2014

To avoid a lengthy trial and possibly a harsher sentence, 34-year-old Don Douglas Dicken entered a Kennedy plea to the voluntary manslaughter of 46-year-old Glenn L. Farrow... When a defendant enters a Kennedy plea, he or she does not admit committing the criminal act, but believes a plea deal is in his or her best interest instead of taking the case to trial.

2014 December 2, Wendy Holdren, “Don Dicken enters Kennedy plea to voluntary manslaughter”, in The Register Herald:

Williams previously entered a Kennedy plea to second-degree robbery. Williams denied he knew anything about the crime and was not a lookout, as accused...

2016 February 2, Courtney Hessler, “Man sentenced to 30 years in 2014 armed robbery ring”, in The Herald Dispatch:

(US, law) A plea in criminal court in which the defendant does not admit guilt, but concedes that the state has sufficient evidence to obtain a conviction.


exhausted combination

(US, law) The combination, in a patent claim, of a novel device with conventional elements in a conventional manner.


reach-through

(US, law) Being or relating to a kind of patent claim that attempts to cover basic research or a discovery before it has become a full invention.


Markush claim

Named after Eugene Markush, the first inventor to use them successfully in a US patent.

(US, law) A patent claim that identifies multiple functionally equivalent chemical entities allowed in one or more parts of a compound.


Jepson claim

Named after the legal case Ex parte Jepson, 243 Off. Gaz. Pat. Off. 525 (Ass't Comm'r Pat. 1917).

(US, law) A patent claim where one or more limitations are specifically identified as a point of novelty, distinguishable over at least the contents of the preamble.


Beauregard claim

en-noun

Beauregard claim (plural Beauregard claims)

Named after the legal decision In re Beauregard.

(US, law) A patent claim to a computer program, written in the form of a claim to an article of manufacture: a computer-readable medium on which are encoded, typically, instructions for carrying out a process.


Lochnerize

en-verb

Lochnerize (third-person singular simple present Lochnerizes, present participle Lochnerizing, simple past and past participle Lochnerized)

Lochnerizes (present singular third-person)
Lochnerizing (participle present)
Lochnerized (participle past)
Lochnerized (past)

From Lochner + -ize; from Lochner v. New York, the title of a case decided by the U.S. Supreme Court in 1905.

(US, law, intransitive) To read one's policy preferences into the Constitution, as was (allegedly) done by the U.S. Supreme Court in the 1905 case Lochner v. New York.


liquor licence

(law) A permit to sell alcoholic beverages.


paramount title

en-noun

paramount title (plural paramount titles)

(law, real estate) A claim to the title of a property, which is superior and stronger in comparison to all other claims.


real covenant

(law, real estate) A legal agreement or promise regarding a piece of real estate, which passes from one owner to another when the land is conveyed and which is said to run with the land.


personal covenant

personal covenant (plural personal covenants)

(countable, law, real estate) A legal agreement or promise regarding a piece of real estate, which binds the party who makes the covenant but which does not pass from one owner to another when the land is conveyed.


covenant of warranty

covenant of warranty (plural covenants of warranty)

(countable, law, real estate) A legal agreement or promise, one of the English covenants of title and future covenants, whereby the grantor of a property assures the grantee that he or she will not be subject to the claims of someone with a paramount title, thereby guaranteeing the status of the title that is being conveyed.


compulsory education

(law, education) A period of time in a child's life during which the child must receive schooling as required by law.


admanuensis

(UK, law, historical) In old English law, one taking a corporal oath, that is, by laying the hand on the Bible, in distinction from one taking the oath in other forms, or affirming.


Clayton motion

in the interest of justice
in the interest of justice

(US, law) A motion to dismiss a case in the interest of justice.


rescussee

(law, obsolete) The party in whose favor a rescue is made.


rescous

Inherited from Middle English [Term?], from Old French rescousse.


law of the sea

(law) The body of international law that concerns the principles and rules by which public entities, especially states, interact in maritime matters, including navigational rights, sea mineral rights, and coastal waters jurisdiction.

United Nations Convention on the Law of the Sea


benefit of clergy

It will be seen that what the defenders of Dali are claiming is a kind of benefit of clergy. That artist is to be exempt from the moral laws that are binding on ordinary people.

1944, George Orwell, Benefit of Clergy: Some Notes on Salvador Dali:

(UK, law, historical) A legal provision by which clergymen (and, later, anybody who could read) could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law.


presumption of innocence

presumption of innocence (countable and uncountable, plural presumptions of innocence)

Coordinate term: presumption of guilt

(law) The precept that someone will not be convicted of a crime unless (the judge, prosecutor, officer) proves guilt beyond a reasonable doubt and is non liquet, with there being no present burden of proof duty subjected on the accused to prove innocence.


matter of law

(law) A matter involving a judicial inquiry into the applicable law.


question of fact

question of fact (plural questions of fact)

(law) An issue that has not been predetermined and authoritatively answered by the law.


question of law

question of law (plural questions of law)

(law) An issue to be decided by the judge, concerning the application or interpretation of the law.

(law) A question that the law itself has authoritatively answered, so that the court may not answer it as a matter of discretion.

(law) An issue about what the law is on a particular point; an issue in which the parties argue about, and the court must decide, what the true rule of law is.

(law) An issue that, although it may turn on a factual point, is reserved for the court and excluded from the jury; an issue that is exclusively within the province of the judge and not the jury.


rentcharge

rentcharge (countable and uncountable, plural rentcharges)

(property law) An annual sum or periodic payment charged on certain freehold properties or payable out of the income of those properties and expressly giving to the rentcharger, who has no reversionary interest in the property, the right of distress for arrears.


pro domino

/pɹəʊ ˈdɒmɪnəʊ/

Borrowing from Latin prō (“as, like; as befitting”) + dominō (“owner of a residence; the master of its servants and slaves; lord”).

[…] as of right and pro domino to occupy […]

1892, J. D. Sheil, editor, “Cape Times” Law Reports: A Record of Every Matter Disposed of in the Supreme Court, during the Year 1892, volume II, Cape Town: Cape Times, →OCLC:

[W]hen the Natal Native Trust became Trustee, he held lot 52 no longer permissively but pro domino; […]

1920, A. E. Carlisle, T. B. Horwood, editors, South African Law Reports. Natal Provincial Division. Decisions of the Supreme Court of South Africa (Natal Provincial Division) (including the Durban and Coast Local Division), volume 40, Pietermaritzburg: Incorporated Law Society of Natal, →OCLC, page 186:

Pro domino or otherwise? M. C. Bosman states that D. S. du Toit possessed as owner and I accept his evidence on this point too, corroborated as it is by the circumstances and the probabilities.

1957, South African Law Reports, volume I, Cape Town: Juta & Co., →OCLC, page 505:

(law) In the capacity of a master or an owner; having dominion over a person, property, or a right.


ab invito

(law) Against one's will; not of one's invitation.


jurimetrics

(mathematics, law) The application of quantitative and statistical methods to law.


MTA

material transfer agreement
w:material transfer agreement

(law) Initialism of material transfer agreement.


yotzei

Borrowed from Yiddish יוצא זײַן (yoytse zayn), from Hebrew יוֹצֵא (yotsé), active participle of יָצָא (yatsá, “to exit”).

In order to be yotzei, you must hear every word of the bracha.

(Jewish law) having fulfilled the requirements of a mitzvah


red flag knowledge

(law) Actual knowledge of copyright infringement, which may mean that an online service provider bears more liability for the actions of its users than if it had no such knowledge.


LOD

LOD (countable and uncountable, plural LODs)

Additionally, commanders should note that a LOD proceeding is neither a substitute for, nor a bar to, such disciplinary action as may be warrented.

1996, Richard A. Gittins, Kirk L. Davies, The Military Commander and the Law, →ISBN, page 222:

LOD investigations are usually a result of a soldier or other personnel being killed or injured, and the investigation is necessary to determine if the cause was in the line of duty, or if the actions that caused the casualties or injuries were a result of neglect or misconduct and not in the line of duty.

2009, E. Kelly Taylor, America's Army and the Language of Grunts, →ISBN:

An unfavorable LOD determination disqualifies a service member from receiving disability compensation.

2015, Janelle B. Moore, Cheryl Lawhorne-Scott, Don Philpott, The Wounded Warrior Handbook, →ISBN:

(military, law) Initialism of line of duty; an official determination of whether something occurred in the line of duty.


conclusionary

Defendants argued that plaintiffs' allegations of hostile discrimination are entirely conclusionary.

(law) Attempting to draw a conclusion rather than merely stating facts.


resiliate

en-verb

resiliate (third-person singular simple present resiliates, present participle resiliating, simple past and past participle resiliated)

resiliates (present singular third-person)
resiliating (participle present)
resiliated (participle past)
resiliated (past)

From French résilier (“cancel, annul, invalidate”).

der

A lessee may resiliate the current lease if he is allocated a dwelling [...]. An employer may, where an employee ceases to be in his employ, resiliate a lease that is accessory to the contract of employment [...].

1989, Esten Kenneth Williams, F. W. Rhodes, Christopher Bentley, John McNair, Mavis Butkus, Marc Casavant, Canadian law of landlord and tenant:

One of the parties may, for a serious reason, unilaterally resiliate the contract ...

2003, Michał Seweryński, Collective Agreements and Individual Contracts of Employment, Kluwer Law International, →ISBN:

[...] Tremblay decided to give Normand notice on April 19, 2001, that it intended to resiliate the contract.

2012, John O. Haley, Fundamentals of Transnational Litigation: The United States, Canada, Japan, and The European Union, LexisNexis, →ISBN:

(Canada, law) To exit, cancel, or draw back from a lease or contract.


bid rigging

en-noun

bid rigging (usually uncountable, plural bid riggings)

(law) a conspiracy in which two or more competitors agree about who will submit the winning bid when there is a call for bids.


Matrix defense

From the plot of the film The Matrix (1999), whose protagonist is woken from an illusionary simulated world into the dystopian reality.

There is now a legal strategy called the "Matrix defense," which has been an effective form of insanity defense. The film evidently had a part in inspiring Lee Malvo, the Washington D.C. sniper, and it has been mentioned in connection with the Columbine High School killings, which happened less than a month after the release of The Matrix.

2012, C. Stephen Jaeger, Enchantment: On Charisma and the Sublime in the Arts of the West, University of Pennsylvania Press, →ISBN, page 41:

(US, law) A legal defense in which the defendant claims to have committed a crime in the belief that he/she was not in the real world, but in a simulated reality.


TCC

(Canada, law) Initialism of Tax Court of Canada.


public defender

public defender (plural public defenders)

(law) An attorney appointed to represent people who cannot afford to hire one.


sake and soke

(law, historical) Alternative form of soc and sac


directed verdict

directed verdict (plural directed verdicts)

(law) An instruction given by the judge to the jury compelling them to return a particular verdict.


Henson trust

After Leonard Henson of Guelph, Ontario, who set up an absolute discretionary trust that became the subject of a legal case.

(Canada, law, finance) A trust that protects the assets of a disabled person (typically an inheritance) and gives the trustee absolute discretion in how to use those assets to assist the beneficiary.


qisas

(Islam, law) Under sharia law, the principle of retaliation in kind, or retributive justice.


trial court

court of first instance
court of first instance


court of second instance

court of second instance (plural courts of second instance)


court of justice

court of justice (plural courts of justice)


court of first instance

court of first instance (plural courts of first instance)

(law) a court of law where legal proceedings are first heard.


command responsibility

The suit does not accuse Mrs. Arroyo of personally ordering the abuses, but contends that she had “command responsibility,” Bishop Marigza said.

The judges based their decision on the concept of “command responsibility”, in which both civilian and military superiors can be held criminally responsible for crimes committed by troops under their control.

(law) The principle by which someone can be legally culpable for crimes committed by those under their control.


locus standi

Latin; short for locus standi in iudicio ‘standing position in court’. Latin Locus denotes a location, while standi is the gerund form of the verb stare, meaning to stand.

(law) A right to appear in a court of law; legal standing.


ghost mark

(law) A trademark that is registered without the intent of using it for a product or service, but in an attempt to obstruct the registration of other similar trademarks.


robo-signing

The court determined that the practice of multiple foreclosure filings without sufficient documentation of the title and often with inaccurate affidavits – the so-called "robo-signing" phenomenon – was not acceptable.

2010, Commerce, Justice, science, and related agencies appropriations for 2011: hearings before a subcommittee of the Committee on Appropriations, House of Representatives, One Hundred Eleventh Congress, second session, US House of Representatives:

(law) Initiating a foreclosure or other legal procedure without knowledge of the facts attested.


castle doctrine

castle doctrine (plural castle doctrines)

From a man's home is his castle; for more information, see Wikipedia at castle doctrine § History.

(law) A legal doctrine that designates a person's abode, or any legally occupied place, such as a vehicle or workplace, as a place in which that person has protections and immunities permitting him or her to use force to defend against intrusion.


ex juris

Write about radiation levels in seafood, “safe” pollution limits set by pollutors, government policy auctioned for campaign donations and Seaboard's ex juris police force, and you'll raise the temperature of public awareness, fractionally, towards its ignition point.

2004, David Mitchell, Cloud Atlas, London: Hodder and Stoughton, →ISBN:

(law) Outside of the jurisdiction of the court.


AOCR

age of criminal responsibility
age of criminal responsibility#English

(law) Initialism of age of criminal responsibility.


woodgeld

From Middle English wodegeld, from Old English *wudġeld, equivalent to wood + geld.

(historical, law) An exemption to the fee for the cutting or taking of wood from a forest.


fugitive disentitlement

(US, law) A judicial doctrine to strike down the claim of a party in the civil forfeiture action who had absconded on the criminal case.


RTC

regional trial court
regional trial court#English

(Philippines, law) Initialism of regional trial court, the highest trial court in the Philippines


PHI

(medicine, law) Initialism of protected health information.


good law

After the criminal code came into force, the old common law offences are replaced and no longer good law.

Verify that your cases are good law.

2016, David Hricik, Law School Basics: A Preview of Law School and Legal Reasoning, page 100:

How can you be sure that these cases are good law? How do you know that these cases have not been overruled or reversed?

2005, Suzan D. Herskowitz, James E. Duggan, Legal Research Made Easy, page 96:

It has been strongly suggested, however, that the cited cases may no longer reflect good law, particularly when considered in light of the 1984 changes to Section 707(a) governing certain transactions between a partner and a partnership.

1999, Practicing Law Institute, Tax Strategies for Corporate Acquisitions, Dispositions, Financings, Joint Ventures, Reorganizations, and Restructurings, volume 11, page 971:

Judges were often stymied in settling cases because both parties could cite good law.

1986, Stanley Chodorow, Hans Wilhelm Gatzke, Conrad Schirokauer, A History of the World, volume 1, page 221:

Both cases are good law, and if here, the husband were dead, and the title remained in the wife, and the bond was sought to be enforced against her, it would be held invalid.

1835, Warner v. Sickles, (Ohio Sup. Ct.), Wright, J., in John Crafts Wright, Reports of Cases at Law and in Chancery: Decided by the Supreme Court of Ohio, p. 82

(law) A legal statute, regulation, or judicial decision that is considered still valid and applicable.


city and county

city and county (plural cities and counties)

every county (other than the Dublin counties) and city and county will be divided into municipal districts

2013 October 15, Government of Ireland, Local Government Bill 2013; Explanatory Memorandum Chapter Two, Section 24

The State stands divided into local government areas to be known as—
(a) counties,
(b) cities, and
(c) cities and counties,
each of which shall be known as a county, a city or a city and county as provided for and set out in columns 1 of Parts 1, 2 and 3, respectively, of Schedule 5.

2014 Local Government Reform Act 2014, section 12 insertion of section 10(2) into principal act

2016 September 9, "WLR live from the heart of the 8th annual Waterford Harvest Festival" WLR FM
As a city and county that takes huge pride in its food producers, this year’s festival will also shine the spotlight on its 'food heroes', the people who grow, cultivate, harvest, produce, prepare, promote and serve some of the country’s best food.

(Ireland, law) a local authority area formed by uniting the territory of a county and a city


mohatra

From French, Spanish, or Latin mohatra, all from Arabic مُخَاطَرَة (muḵāṭara)

uder

Arabic مُخَاطَرَة (muḵāṭara)

(historical, law) Of or characterized by an avoidance of laws against usury by a pair of sales between a lender and a borrower (or their agents), where the first purchase is made on credit and an immediate repurchase is made in cash, the difference in prices amounting to the interest of the loan.


gavelman

(law, historical) A tenant liable to tribute.


mandatory detention

(law) The practice of detaining migrants or refugees upon arrival at a destination country.


delegated legislation

en-noun

delegated legislation (usually uncountable, plural delegated legislations)

secondary legislation
secondary legislation#English


primary legislation

primary legislation (usually uncountable, plural primary legislations)

secondary legislation
secondary legislation

(law) legislation enacted by an act of parliament; contrasted with secondary legislation, which is enacted by the executive branch under powers derived from primary legislation.


subordinate legislation

subordinate legislation (usually uncountable, plural subordinate legislations)


secondary legislation

secondary legislation (usually uncountable, plural secondary legislations)

(law) legislation enacted by a power derived from another legislation, such as one made by the executive branch within the boundaries fixed by an act of parliament.

委任立法

legislation enacted by power derived from another legislation


statutory exclusion

statutory exclusion (countable and uncountable, plural statutory exclusions)

Statutory exclusion is clearly the most rigid method of determining how a juvenile offender will be processed, and most determinations are based on serious offenses and age limits.

1996, United States Office of Juvenile Justice and Delinquency Prevention, Combating Violence and Delinquency, →ISBN:

Statutory exclusion is part of the same trend toward “get-tough” legislation that has shifted decision-making from judges to legislators and prosecutors (Feld, 2000).

2009, Richard Lawrence, Mario Hesse, Juvenile Justice: The Essentials, →ISBN, page 166:

Statutory exclusion laws allow politicians, not judges, to decide which violent juveniles should be prosecuted by the criminal court.

2009, Kären M. Hess, Juvenile Justice, →ISBN, page 324:

Similar to statutory exclusion mechanisms, prosecutorial discretion is often limited to a subset of cases based on age and offense characteristics.

2012, Elena Grigorenko, Handbook of Juvenile Forensic Psychology and Psychiatry, →ISBN, page 97:

(US, law, uncountable) The legal requirement that under specified circumstances, a juvenile be tried as an adult, without the possibility of judicial discretion.


S.I.

Civil Procedure Rules 1998, S.I. 1998/3132 (L. 17)

statutory instrument
statutory instrument#English

(UK, Canada, Australia, law, in citation) Initialism of statutory instrument.


SOPO

(UK, law) Initialism of sexual offences prevention order.


OBU

offshore banking unit
offshore banking unit#English

(Australia, business, law) Abbreviation of offshore banking unit.


turncoat witness

turncoat witness (plural turncoat witnesses)


undue enrichment

undue enrichment (plural undue enrichments)


hostile possession

hostile possession (countable and uncountable, plural hostile possessions)

adverse possession
adverse possession#English


adjournment sine die

adjournment sine die (plural adjournments sine die)

Notwithstanding any other provision hereof, the referendum with respect to the national marketing quota for wheat for the marketing year beginning June 1, 1986, may be conducted not later than thirty-one days after adjournment sine die of the first session of the Ninety-ninth Congress.

2001, United States Code 2000 Edition: Title 5 — Government Organization and Employees, Appendix, to Title 7 – Agriculture, §§ 1–1900, Government Printing Office, →ISBN, pages 775–776:

At the close of the first session of the 66th Congress, the two Houses adjourned sine die under authority granted each House by simple resolutions consenting to such adjournment sine die at any time prior to a specified date (Nov. 19, 1919, p. 8810).

1922; House Document, Issue 128; Government Printing Office; page [37]


unjust enrichment

unjust enrichment (plural unjust enrichments)

(law) a benefit gained at another's expense without legally justifiable grounds, such as one gained by mistake.

不當得利

benefit unlawfully gained at another's expense


real right

(law) ius in re, a right attached to a thing or property, as ownership, usufruct, servitude, etc (as opposed to a personal right).


company law

(law) The branch of law which deals with the formation and running of companies.


movable property

movable property (usually uncountable, plural movable properties)


immovable property

immovable property (usually uncountable, plural immovable properties)


adverse interest

adverse interest (plural adverse interests)

(law) Something contrary to the interests of a party to a lawsuit.


adverse interest rule

(law) The presumption that the failure of a party to produce a witness available to them indicates that the testimony of that witness would go against the party.


mitigating circumstances

extenuating circumstances
extenuating circumstances#English

(law) synonym of extenuating circumstances


retour sans protêt

From French retour (“return”) + sans (“without”) + protêt (“protest”).

(law) an instruction by a drawer of a bill of exchange that the bill may be returned without protest if it is dishonoured by the drawee.


peremptory challenge

peremptory challenge (countable and uncountable, plural peremptory challenges)

(law) The right of an attorney to reject potential jurors without stating a reason.


prochein ami

From late Middle English, from Anglo-Norman, from Old French prochain (“next”) + ami (“friend”); now sometimes spelt prochain ami following the French spelling.


venire facias de novo

Borrowed from Latin venire facias de novo (“that you make/cause to come anew”), from the opening words of the writ.

bor

After verdict, it was moved in arreſt of judgment, that one John Wale was returned upon the venire facias, and upon the diſtringas one John Wats was returned and ſworn. Upon examination it appeared that the juror was named John Wats, and not John Wale.—Wherefore the Court held, that the trial was ill, and the record not amendable. But it was then moved, Whether there might be a venire facias de novo, or that the writ ſhould abate?—And it was reſolved, that venire facias de novo ſhould be awarded; for the fault was only in the trial.

1791, George Croke, “Goddard against Hampton”, in Harbottle Grimston, Thomas Leach, editors, Reports of Sir George Croke, Knight, formerly One of the Justices of the Courts of King's-Bench and Common-Pleas, of such Select Cases as were Adjudged in the Said Courts during the Reign of James the First. Collected and Written in French, by Himself; Revised and Published in English by Sir Harbottle Grimston, Baronet, Master of the Rolls. The Fourth Edition, Corrected, with Marginal Notes and References to the Later Reports, and other Books of Authority, by Thomas Leach, Esq. of the Middle Temple, Barrister at Law, 4th corr. edition, volume II, London: Printed for E. and R. Brooke, Bell-Yard, Temple-Bar; and Whieldon and Butterworth, No. 43, Fleet-Street, →OCLC, page 458:

I have thought proper to refer this decision, in order that it may be laid before the Court of Common Pleas, when this case shall be tried again. I am of opinion, that the judgment should be reversed, and a venire facias de novo awarded.

1841, William Tilghman, Chief Judge of the United States Circuit Court for the Third Circuit, “Levy against The Commissioners of Northumberland County”, in Thomas Sergeant; William Rawle, Jun., Reports of Cases Adjudged in the Supreme Court of Pennsylvania, volume X, 2nd rev. and corr. edition, Philadelphia, Pa.: Robert H. Small, Minor Street, OCLC 768073896, pages 292–293

(law) A judicial writ directing that a new jury be impanelled and that a new trial be held, due to some irregularity (especially a procedural irregularity) arising in the original trial.


victim surcharge

en-noun

victim surcharge (plural victim surcharges)

(UK, law) An additional financial penalty, levied on a convicted criminal, that goes into a pool to be distributed to victims of crime.


statute of repose

statute of repose (plural statutes of repose)

Therefore, a plaintiff's cause of action may be extinguished by the statute of repose before the applicable statute of limitations time period expires, and a statute of repose may start running before a plaintiff's cause of action accrues.

2007, D. Alan Rudlin, Toxic Tort Litigation, →ISBN, page 74:

Statutes of repose are a compromise of the interests of consumers on the one hand and of manufacturers and sellers on the other.

2011, Donald L. Carper, John A. McKinsey, Understanding the Law, →ISBN, page 334:

Although twenty-two states have adopted a product liability statute of repose, these statutes frequently provide little if any comfort to a product manufacturer. For a statute of repose to offer true repose, it must provide a basis for a defendant to move to dismiss or for summary judgment.

2016, John S. Allee, Theodore V. H. Mayer, Robb W. Patryk, Product Liability, →ISBN, page 8-84:

(law) A law that sets a time limit for legal liability starting from the occurrence of a specified act (typically completion of a product or point of sale).