babysitter test

The babysitter, presumably between the ages of ten and 15, is quite explicitly expected to function in a way usually expected of mature individuals.

1993, Gideon Koren et al., “Maturity of Children to Consent to Medical Research: The Babysitter Test,”, in Journal of Medical Ethics, volume 19, number 3, page 146:

To highlight the inadequacy of such evidence, we propose what we call “the babysitter test” for future prosecution witnesses in death penalty cases. We suggest that, to send someone to the gurney or the electric chair on the word of one witness, the prosecutor must agree to hire that witness as a babysitter for her or his kids for one evening.

2001, Michael L. Radelet, Hugo Bedau, “Erroneous Convictions and the Death Penalty,”, in Wrongly Convicted: Perspectives on Failed Justice, Saundra Westervelt and John A. Humphrey eds., →ISBN, page 274:

I use a babysitter test when it comes to Israel, Indyk said. Do I trust this man or woman with my child? Will he or she be in the trenches when it really counts? Obama would.

2008 October 25, Emily Baltz, “U.S. Ambassador Calls On Jewish Voters To Drop Republican Support, Back Obama”, in cbsnews.com, retrieved 2010-08-25:

(idiomatic, social sciences, law, public policy) An informal method for assessing the maturity, reliability, or probity of a person, inviting one to judge whether one would entrust this person with the care of one's own children.


praemunire

George Fox
Holker Hall
John Pettie
Margaret Fell

Borrowed from Latin praemūnīre, shortened form of praemunire facias (“that you cause to be forewarned”) from the opening words of the writ: praemūnīre (“to fortify (defend in advance)”) (an error for praemonēre (“to forewarn”)) + faciās (“you make”).

Lord Cardinall, the Kings further pleaſure is, / Becauſe all thoſe things you haue done of late / By your power Legatiue within this Kingdome, / Fall into' th' compaſſe of a Premunire; / That therefore ſuch a Writ be ſued againſt you, / To forfeit all your Goods, Lands, Tenements, / Caſtles, and whatſoever, and to be / Out of the Kings protection. This is my Charge.

1613 (date written), William Shakespeare, [John Fletcher], “The Famous History of the Life of King Henry the Eight”, in Mr. William Shakespeares Comedies, Histories, & Tragedies […] (First Folio), London: […] Isaac Iaggard, and Ed[ward] Blount, published 1623, →OCLC, [Act III, scene ii], page 222, column 2:

The effect of the ſtatute of 16 R. 2 [Statute of Praemunire (16 Ric. II, chapter 5)] is, if any purſue or cauſe to be purſued in the court of Rome, or elſewhere, any thing with toucheth the king, againſt him, his crowne and regality, or his realme, their notaries, procurators, &c. fautors, &c. ſhall be out of the kings protection. […] This offence is called a premunire of the words of the writ, grounded upon this and other ſtatutes for puniſhment thereof.

1644, Edward Coke, Institutes of the Lawes of England; reprinted as The Third Part of the Institutes of the Laws of England […], 15th edition, London: E. and R. Brooke, 1797, →OCLC, pages 119–*120:

For I have heard of a judge, who upon the criminal's appeal to the dreadful day of judgment, told him, he had incurred a premunire, for appealing to a foreign jurisdiction; and of another in Wales, who severely checked the prisoner for offering the same plea […]

1724, Jonathan Swift, The Works of the Rev. Jonathan Swift, volume 9, The Drapier’s Letters 5

Whoſoever procures from the ſee of Rome, or any foreign court, any appeals, proceſs, ſentences, &c., or refuſes to obſerve this act, ſhall incur the forfeitures, &c. of premunire, 24 H. 8, c. 12. [Ecclesiastical Appeals Act 1532 (24 Hen. VIII, chapter 12)] § 4. 10. 25 H. 8, c. 19. [Submission of the Clergy Act 1533 (25 Hen. VIII, chapter 19)] § 5. vol. 4.

1769, Danby Pickering, The Statutes at Large, from Magna Charta to the End of the Eleventh Parliament of Great Britain, Anno 1761 […], volume XXIV, Cambridge: Charles Bathurst, →OCLC, page 456:

What haue you to shew for your selues, for I tell you, I heard some say, that for vrging subscription, you were all within the premunire, insomuch that you haue bene driuen closely to buie your pardons, you haue forfayted all that you haue vnto her Maiestie, and your persons are voyde of her Maiesties protection: you knowe the danger of a premunire, I trowe?

1843, Martin Mar-prelate, Puritan Discipline Tracts: An Epistle to the Terrible Priests of the Convocation House, 2nd edition, London: John Petheram, →OCLC, pages 27–28:

These penalties were first imposed by the stat. 16 Rich. II. c. 5 (commonly called the Statute of Præmunire); and it is by reference to that statute that all subsequent præmunires have been made punishable.

1846, [George Long], Political Dictionary […], volume II, London: Charles Knight and Co., →OCLC, page 184:

After cornering and ruining two bishops in the conflict, and as a part of a more general restructuring of government after the Black Death, Edward III restored the fortunes of those two bishops and instituted premunire as a more regularized procedure for crushing future opposition.

2002, Robert C. Palmer, Selling the Church: The English Parish in Law, Commerce, and Religion, 1350–1550, Chapel Hill, N.C.: University of North Carolina Press, →ISBN, page 23:

William, angry that he had been forced to answer in an ecclesiastical court outside the realm of England, filed a suit of premunire against Richard Tylhe in the court of the king's bench during the Easter term of 1380, claiming £1,000 in damages. The statutes of premunire prohibited any Englishman from bringing suit in an ecclesiastical court if the cognizance, or jurisdiction, belonged to the king's courts.

2006, Diane Martin, “Prosecution of the Statutes of Provisors and Premunire in the King's Bench, 1377–1394”, in J. S. Hamilton, editor, Fourteenth Century England, Woodbridge, Sussex: Boydell Press, →ISBN, page 109:

The law of praemunire dates from another century. No one who is alive now quite knows what it means.

2009, Hilary Mantel, Wolf Hall, London: Fourth Estate, →ISBN; republished New York, N.Y.: Picador, 2010, →ISBN, page 153:

(law, now historical) The offence in English law of bringing suit in or obeying a foreign (especially papal) court or authority, thus challenging the supremacy of the Crown. The offence was created by the Statute of Praemunire 1393 (16 Richard II, chapter 5), and abolished by the Criminal Law Act 1967 (chapter 58).


praemunire

en-verb

praemunire (third-person singular simple present praemunires, present participle praemuniring, simple past and past participle praemunired)

praemunires (present singular third-person)
praemuniring (participle present)
praemunired (participle past)
praemunired (past)

A Thief having ſtoln two Beaſts from one of thoſe called Quakers, was impriſoned: But ſome body having informed the Judge that the Man that proſecuted was a Quaker, and he (the Judge) perceiving that he would not ſwear, would not hear what the Man could ſay, but tender'd him the Oaths of Allegiance and Supremacy, which the ſaid Quaker refuſing, the Judge premunired him, and let the thief go free.

1722, William Sewel, The History of the Rise, Increase, and Progress of the Christian People Called Quakers, Intermixed with Several Remarkable Occurrences. Written Originally in Low-Dutch by William Sewel, and by Himself Translated into English. Now Revis'd and Publish'd, with some Amendments, rev. edition, London: Printed by the Assigns of J. Sowle, at the Bible in George-Yard, Lombard-Street, →OCLC, page 476:

And the ſame year was impriſoned at Warwick, and præmunired for refuſing to take the oath of allegiance: where he was a priſoner in all about nineteen years (as aforeſaid) and four of them kept cloſe priſoners; but being freed by the king's declaration of indulgence, in 1672, while he had a little reſpite he travelled pretty much […]

1791, John Whiting, Persecution Exposed, in Some Memoirs Relating to the Sufferings of John Whiting, and many others of the People Called Quakers, for Conscience Sake, in the West of England, &c. With Memoirs of Many Eminent Friends Deceased, and Other Memorable Matters and Occurrences, Concerning the Sufferings of the said People; and Remarkable Providences Attending Him and Them, during his Long Imprisonment at Ivelchester, till the General Release, in 1686; and Continued Down to the Year 1696, 2nd edition, London: Printed by James Phillips, George-Yard, Lombard-Street, →OCLC, pages 385–386:

He [George Fox] then told them, there was no sentence passed upon him, neither was he præmunired, that he knew of; and therefore he was not made the king's prisoner, but was the sheriff's […]

1834, William Sewel, The History of the Rise, Increase, and Progress of the Christian People Called Quakers. Intermixed with Several Remarkable Occurrences. Written Originally in Low Dutch, and also Translated by Himself into English, 6th edition, volume II, London: Darton and Harvey, →OCLC, pages 136–137:

Besides in this case of our premunired friends, if the king had not re-conveyed their estates as he did, by his letters patent – under the great seal of England, – from him and his heirs, to them and their heirs, they had remained forfeited, and liable to future claims, and the proper owners to be dispossessed thereof […]

1844, William Evans, Thomas Evans, editors, The Friends' Library: Comprising Journals, Doctrinal Treatises, and Other Writings of Members of the Religious Society of Friends, volume VIII, Philadelphia, Penn.: Printed for William and Thomas Evans, by Joseph Rakestraw, →OCLC, page 352:

C[h]ristopher Soper beinge one off yᵉ persons aforesᵈ yᵗ was sent to gaole by Justice Sawle & others as aforesᵈ & for refuseinge to swear præmunired […]

1928, Thomas Lower, edited by Norman Penney, Record of the Sufferings of Quakers in Cornwall 1655–1686 [Journal of the Friends Historical Society; Supplement 14], London, Philadelphia, Penn.: Friends Book Centre; Anna W. Hutchinson, →OCLC, page 133:

[H]e was indeed "discharged of his praemunire but stands yet a prisoner for a fine of £100 for speaking at a burial since he was praemunired; for when he was praemunired his estate was the King's – surely then they fine the King's estate, and £100 is more than the Conventicle Act allows of and it is a hard thing to make a riot of a burial ...".

1979, W. Pearson Thistlethwaite, Yorkshire Quarterly Meeting (of the Society of Friends), 1665–1966, Harrogate: W. Pearson Thistlethwaite, →OCLC, page 49:

A penalty of praemunire involved imprisonment for an indefinite period, ending only with death or the King's pardon. Examples of long continuous imprisonment of praemunired Quakers were the imprisonment of Francis Howgill from 1664 till his death in prison […]

1995, Constance Braithwaite, Conscientious Objection to Various Compulsions under British Law, York: William Sessions, →ISBN, page 20:

[George] Fox and [Margaret] Fell were arrested in January 1664, and Fell was praemunired in August (her estates were later returned) and imprisoned in Lancaster Castle. She was released in 1668. Francis Howgill was praemunired in Appleby and imprisoned for life. He died in the prison there in January 1669.

2000, Rosemary [Anne] Moore, Light in Their Consciences: The Early Quakers in Britain, 1646–1666, University Park, Penn.: Penn State Press, →ISBN, page 185:

(law, historical) To charge with the offence of praemunire; to subject to the penalties of praemunire.


chargee

A chargee proposing to sell or grant a lease of an object under paragraph 1 otherwise than pursuant to a court order shall give reasonable prior notice in writing of the proposed sale or lease to interested persons.

1998, Air and Space Law - Volume 23, page ii:

A charge differs from a trust because the chargee's right to the chargor's right is defeasible upon the chargor paying what he owes.

2012, Horst Eidenmüller, Eva-Maria Kieninger, The Future of Secured Credit in Europe, page 89:

(law) The holder or beneficiary of a charge or right in security (such as a debenture).

But the chargee will be entitled to a proportionate abatement of the price of the animal if the carcass is later sold.

1954, Taslim Olawale Elias, Groundwork of Nigerian Law, page 237:

Among the Yorubas, the first breed belongs to the owner of the animal, the next to the chargee, the third to the owner, and so on.

1970, E. Cotran, N. N. Rubin, Readings in African Law, Volume 1, page 222:

In the latter case the potential chargee made a direct approach to his relative, friend or neighbour who possessed livestock (goats, for instance) or was capable of procuring some, indicating his interest in being a chargee for his animal.

1984, Odu: A Journal of West African Studies - Issues 25-31, page 97:

(law, Africa) One who is given charge of caring for another's animal or herd.


compurgator

From Medieval Latin compurgator or Middle French compurgateur, from Latin compurgō (“to purify”).

If a wise woman fell under suspicion from the authorities her neighbours might rally to her defence, providing compurgators in court, or drawing up certificates testifying to her innocence.

1971, Keith Thomas, Religion and the Decline of Magic, Folio Society, published 2012, page 244:

Someone who vouches for another person's innocence, trustworthiness etc.

(now historical, law) A character witness in canon law who swore an oath that the accused was innocent.

(historical, law) An ‘oath-helper’ in Anglo-Saxon or Germanic law who testified to the character of an accused person.


reconviction

en-noun

reconviction (countable and uncountable, plural reconvictions)

Only Illinois and New York, besides Texas, have had more convictions overturned by genetic testing than Dallas County, a fact attributable in part to evidence retained to assure reconviction in the event of a successful appeal.

2007 June 3, Ralph Blumenthal, “For Dallas, New Prosecutor Means an End to the Old Ways”, in New York Times:


burglariously

en-adv

burglariously (comparative more burglariously, superlative most burglariously)

more burglariously (comparative)
most burglariously (superlative)

John Hornby was committed on Monday last to Newgate by Justice Ward, for Burglariously entering the House of a Watchmaker in Essex-street and feloniously stealing thence seven Watches; […]

1728 April 18, “Saturday's Post: From the New London Evening Post, April 11: London, April 11”, in The British Spy: Or, Derby Post-Man, volume 1, number 40, page 1:

Cheops erected the first Pyramid / And largest, thinking it was just the thing / To keep his memory whole, and mummy hid; / But somebody or other rummaging, / Burglariously broke his coffin's lid […]

On Wednesday night two rascals burglariously entered the residence of a Mr. M'Knight, on Stanwix street, near the Point, by forcing open the back door.

1853 November 21, “Daring Outrage”, in The Daily Pittsburgh Gazette, page 3:

[…] then and there feloniously and burglariously did steal, take and carry away.

1914, Arthur Percival Will, Standard Encyclopædia of Procedure, page 243:

Under Rev. St. 1900, § 4528, permitting a charge both of burglary and larceny, when the larceny is committed at the time of the burglary in the building burglariously entered, to be joined in the same count of an information […]

1915, “STATE v. BURNS”, in The Southwestern Reporter, volume 173, page 1070:

(dated, law) As a burglar; in order to burgle.


adversarial system

en-noun

adversarial system (plural adversarial systems)

(law) A system of law in which advocates represent the prosecution and the defence and an impartial person (judge) or people (jury) determine the truth of the matter


petitor

(law) The claimant or plaintiff in ancient legal systems.


circumduce

en-verb

circumduce (third-person singular simple present circumduces, present participle circumducing, simple past and past participle circumduced)

circumduces (present singular third-person)
circumducing (participle present)
circumduced (participle past)
circumduced (past)

But come, Dominie, I have allowed you a competent space to express your feelings. I must circumduce the term; you must let me proceed in my examination.

1815 February 24, [Walter Scott], Guy Mannering; or, The Astrologer. […], volume (please specify |volume=I to III), Edinburgh: […] James Ballantyne and Co. for Longman, Hurst, Rees, Orme, and Brown, […]; and Archibald Constable and Co., […], →OCLC:

(archaic, law, Scotland, transitive) To declare elapsed, as the time allowed for introducing evidence.


retraxit

From Latin retraxit (“[he] has withdrawn”), inflection of retraho (“[I] withdraw”).

(law, obsolete) A dismissal with prejudice based on a plaintiff's withdrawal of the suit.


misuser

(law) unlawful use of a right; use in excess of, or varying from, one's right


placitum

(UK, law, obsolete) A court, or cause in court.

By deleting in placitum the amount of 7c and inserting in lieu thereof the amount of 9c.

(law) A plea; a pleading; a judicial proceeding; a suit.

(law, US, Australia) a legal decision made by a judge or court.


eigne

Old French aisné, ainsné. Compare esnecy.

Because the canon law (following the civil) did allow such bastard eignè to be legitimate, on the subsequent marriage of his mother: and therefore the laws of England (though they would not admit either the civil or canon law to rule the inheritance of this kingdom, yet) paid such a regard to a person thus peculiarly circumstanced, that, after the land had descended to his issue, they would not unravel the matter again, and suffer his estate to be shaken.

1771, William, Sir Blackstone, Commentaries on the Laws of England, volume 2, page 248:

(law, obsolete) entailed; belonging to the eldest son


supplicavit

(law, historical) A writ issued by the King's Bench or Chancery for taking the surety of the peace against a person.


quominus

a quominus clause

(law, historical, sometimes attributive) A writ and legal fiction that (until the late 19th century) allowed the Court of Exchequer to obtain a jurisdiction over cases normally brought in the Court of Common Pleas, based on having the plaintiff in a debt case claim that he was a debtor to the king, and that the defendant's debt prevented him paying the king.


postea

From Latin: "after these or those (things), afterward".

1821, Arnold v Mundy, N.J. Lexis 2.
[…]and upon coming in of the Postea there was a rule to shew cause why that nonsuit should not be set aside and a new trial granted.

(law) The return of the judge before whom a cause was tried, after a verdict, of what was done in the cause, which is endorsed on the nisi prius record.


nontort

(law) Not being or pertaining to a tort.


similiter

(law) The form by which either party, in pleading, accepts the issue tendered by his/her opponent; a joinder in issue.


noncompete clause

en-noun

noncompete clause (plural noncompete clauses)

Lee is just one of a series of execs who have bolted slow-growing Microsoft in the last year for the bright lights of Google. . . . Microsoft turned to its lawyers, accusing Lee of violating his noncompete clause.

2005 July 21, Jay Greene, “Microsoft Sues over Google's Hire”, in Businessweek, retrieved 2010-09-22:

When Pizza Hut's owner, Tricon (now called Yum Brands), tried to revise his franchise agreement in 1999 to put in a noncompete clause stipulating that Heinecke needed permission to operate other food businesses, Heinecke, who by then already ran a number of fast-food chains, sued for breach of contract.

2009 October 5, Ron Gluckman, “Bill's Excellent Adventure”, in Forbes, retrieved 2010-09-22:

(law) A provision within a business agreement or employment contract which stipulates that the contracting party must abstain from competitive practices not in the interests of an identified firm, such as starting a competing business or accepting a job with a competitor, and often extending for a period of time after the termination of the original employment or other business relationship.


inlock

(law, UK dialectal, Northern England) Any corner or part of a common field plowed up and sowed with oats, etc. and sometimes fenced in with a dry hedge while the lave of the field lies fallow and common.


no-fly list

The no-fly list created by U.S. authorities, which singles out passengers who are potential terrorist threats, is the target of frequent criticism that it's incomplete and unreliable.

2005 April 18, Timothy J. Burger, “Extending the No-Fly Zone”, in Time:

(law, aviation) A confidential list containing the names of people who are not permitted to board an aircraft, prepared by government authorities in various jurisdictions and distributed to commercial airlines.


FAT

FAT (countable and uncountable, plural FATs)

full agricultural tenancy
full agricultural tenancy#English

(countable, property law, England and Wales) Initialism of full agricultural tenancy.


flight risk

flight risk (usually uncountable, plural flight risks)

The court took flight risk into consideration when deciding bail for Mr Smith.

(law, uncountable) The possibility that a person under the custody of law enforcement will abscond if granted bail.

潛逃風險

The court refused to grant Mr Smith bail as he was considered a flight risk.

(law, countable) A person who is considered likely to abscond.

(usually used as a verb "to be a flight risk"; noun translation given) 有潛逃風險的人


withername

From Middle English, from Old English wiþernām (“seizure”, literally “a take-back”), from Old Norse viðrnam, equivalent to wither- (“against”) + nim. More at wither, nim.

inh

(law) A second or reciprocal distress of other goods in lieu of goods which were taken by a first distress and have been eloigned; a taking by way of reprisal


with cause

(law, ethics) Alternative form of for cause


for cause

Section 863. Removal of Guardian for Cause.—The court of chancery may remove all guardians, whether appointed by probate tribunals or by the court itself, or by testament, or by the legislature, whenever the guardian abuses his trust, or the interests of the ward require it.

1889, John Davison Lawson, Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes, volume 2, Bancroft Whitney, page 1556:

A common bee will sting and kill another common bee, for cause, but when it is necessary to kill the queen other ways are employed.

c. 1917, Mark Twain, Concerning Tobacco:

As a result, Grace said, its directors decided "to request Mr. Bolduc's resignation, but not to seek his termination for cause."

1995 April 10, John Greenwald et al., “Sex, Lies and W. R. Grace”, in Time:

The court noted this August, that an employee can be fired for cause based on incompetence, if he or she consistently fails to meet reasonable standards.

2009 October 28, “Incompetence is cause for firing”, in Financial Post, Canada, retrieved 2010-10-19:

(law, ethics) For a legitimate, specific reason; with justification.


enterprise liability

(law) A legal doctrine and form of secondary liability under which individual entities can be held jointly liable for some action on the basis of being part of a shared enterprise.


secondary liability

(law) The legal responsibility arising when a party materially contributes to, facilitates, induces or is otherwise responsible for directly infringing acts carried out by another party.


vicarious liability

(law) The legal liability imputed to the superior for the acts of their subordinate, even though the superior is not personally at fault.


public property

en-noun

public property (countable and uncountable, plural public properties)

(law, property law) Property, assets or information directly owned by or under the control of the state.


private property

private property (countable and uncountable, plural private properties)

All your private property is / Target for your enemy / And your enemy is we

1969, Paul Kantner (lyrics and music), “We Can Be Together”, performed by Jefferson Airplane:

(law, property law) Property to which individuals or corporations have certain exclusive property rights, but do not necessarily possess.

энчилӱ јӧӧжӧ

enčilü ǰööžö

(law, property law) Property to which the state or other public organizations do not have exclusive property rights.

yksityisomaisuus

property to which the state does not have rights


mischarge

en-verb

mischarge (third-person singular simple present mischarges, present participle mischarging, simple past and past participle mischarged)

mischarges (present singular third-person)
mischarging (participle present)
mischarged (participle past)
mischarged (past)


disponent

(law) One who dispones, or takes over legal authority.


joint custody

(law) An arrangement whereby parents or guardians (who are not a couple or cease to be one) share the physical and legal custody of a child.

custòdia compartida

arrangement in both parents have the custody of a child


MDR

(law) Initialism of mandatory declassification review.


RMI

(law) Abbreviation of Rights Management Information.


counternotice

Draper (1990) produced a harsh result for the tenant who responded to a section 25 notice by a counternotice and an application to the court for a new tenancy […]

1995, Douglas Scarrett, Property Asset Management:

(law) A legal notice sent in reply to an earlier notice from an opposing party.


assumpsit

Latin, he undertook, preterite of Latin assumere. See assume.

(law) A promise or undertaking, either express or implied, founded on a consideration.

(law) An action to recover damages for breach or nonperformance of such a promise.


cessavit

(UK, law, obsolete) A writ given by statute to recover lands when the tenant has for two years failed to perform the conditions of his tenure.


tenant-in-chief

(law, historical) A tenant holding title to their land directly from a lord paramount beholden to no-one; particularly, a lord holding title directly from the king, owing additional responsibilities such as personal military service.


replevinger

(law, historical) An agent authorised by a sheriff to enforce a writ of replevin.


respondentia

en-noun

respondentia (usually uncountable, plural respondentias)

From Latin respondentia; see also respondence.

In some places of Italy, money may be lent on respondentia to persons who are not interested in the ship, but those loans must be made in the form of a wager.

1824, Wilhelm Benecke, A Treatise on the Principles of Indemnity in Marine Insurance, Bottomry and Respondentia, page 110:

1831, William Selwyn, Henry Wheaton (notes to the decisions), Thomas I. Wharton (additional notes), An Abridgement of the Law of Nisi Prius, Volume 2, 4th American Edition, page 230,
In the case of a loan, the money is at the risk of the borrower, and must be repaid at all events. But where money is lent on bottomry or respondentia, the money is at the risk of the lender during the voyage.

1999 [1880], John Bouvier, Daniel A. Gleason, Institutes of American Law, Volume 1, New Edition, page 311,
The contract is called respondentia because the money is lent on the personal security of the borrower. It differs from bottomry principally in the following circumstances: bottomry is a loan on the ship, respondentia on the goods; the money is to be repaid to the lender, with maritime interest, in the one case upon the arrival of the ship, and of the goods in the other. In all other respects the contracts are nearly the same, and are governed by the same principles.

(law, commercial law) A loan upon goods laden on board a ship.


prosecutive

en-adj

prosecutive (comparative more prosecutive, superlative most prosecutive)

more prosecutive (comparative)
most prosecutive (superlative)

1993, United States Department of Justice, Report to the Deputy Attorney General on the Events at Waco, Texas
Following the ATF raid, the prosecutive focus shifted to-building cases against any Branch Davidians who were responsible for killing and wounding ATF agents, or attempting to do so, during the two shootouts on February 28.


under seal

The terms of the settlement will remain under seal indefinitely.

Other members of the LAPD who were involved in the disaster have also remained anonymous, their discipline under seal.

2023 July 14, Brittney Mejia, Libor Jany, Richard Winton, “LAPD refused to ID officers behind a huge fireworks explosion. Now we have their names”, in Los Angeles Times:

(law) Legally bound not to be disclosed.


artful pleading

en-noun

artful pleading (countable and uncountable, plural artful pleadings)

Suing his employer for negligence rather than for violation of the Federal Employers Liability Act was an artful pleading, and the defendant properly removed the proceedings to federal district court.

(US law) The filing under state law of a claim naturally arising under federal law.


revivor

There may be also a bill of revivor when the suit is abated by the death of any of the parties

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

(UK, law) revival of a suit which is abated by the death or marriage of any of the parties.

Where any enactment not repealed by this Act has been confirmed, revived or perpetuated by any enactment hereby repealed, such confirmation, revivor or perpetuation shall not be affected by the repeal.

1962 Statute Law Revision (Pre-Union Irish Statutes) Act, 1962 §2(2) Irish Statute Book, No. 29 of 1962

(Ireland, law) revival into force of a statute which had previously been repealed


pignus

Thirdly, pignus is the object itself upon which the creditor acquires such real right.

1851, Sir Patrick MacChombaich de Colquhoun, A Summary of the Roman Civil Law, page 392:

Pledge is the pignus of the Roman law; and it is from this source that most of the principles governing the subject are derived.

1895, Thomas Beven, Negligence in Law, page 937:

A commonly accepted notion is that pignus is not a generic term at all; that it is limited (1) to movables, and particularly (2) to the pledgee's possession.

1898, Harvard Law Review, volume 11, page 23:

A pignus can be given for other reasons besides money, as where one gives someone a pignus against his acting as guarantor.

1998, Alan Watson, quoting Ulpian, Edict, book 28, The Digest of Justinian, University of Pennsylvania Press, →ISBN:

Pignus was created by traditio, which is by surrender of civilis possessio to the chargee.

2004 August 26, Eva-Maria Kieninger, editor, Security Rights in Movable Property in European Private Law, Cambridge University Press, →ISBN, page 41:

(law, obsolete, Ancient Rome) A pledge or pawn.


PSPO

(UK, law) Initialism of public space protection order.


primitia

primitia (plural primitias or primitiae)

the primitias of your parsonage

1591, Ed[mund] Sp[enser], “Prosopopoia. Or Mother Hubberds Tale.”, in Complaints. Containing Sundrie Small Poemes of the Worlds Vanitie. […], London: […] William Ponsonbie, […], →OCLC:

(UK, law, obsolete) The first year's whole profit of an ecclesiastical preferment.


in respect of

(law) On account of; by reason of; because of.


contempt of court

contempt of court (usually uncountable, plural contempts of court)

[T]hey never could see the Missionaries dispose of their legs in the attitude of kneeling, or hear them begin a hymn in chorus, without bursting into roars of irrepressible laughter. It is much to be hoped that no member of this facetious tribe may ever find his way to England and get committed for contempt of Court.

1869, Charles Dickens, chapter 28, in The Uncommercial Traveller:

If a researcher refused, a contempt of court order might result in incarceration of the researcher (see Hagan 1984).

1994, Brian Burtch, Trials of Labour: The Re-emergence of Midwifery, page 27:

On the same day, Judge Walsh issued a contempt of court decree against Chair Peter McDonald and the Navajo tribal government for having failed to comply with his order to reduce Dine livestock in the JUA.

1996, Ward Churchill, From a Native Son: Selected Essays in Indigenism, 1985-1995:

The Attorney General applied for an order for contempt of court against the New Statesman.

2007, Helen Fenwick, Civil Liberties and Human Rights, page 405:

(law, uncountable) Open disrespect for or willful disobedience of the authority of a court of law or legislative body, typically punishable by such sanctions as a fine or incarceration.

For my part, I am quite satisfied that there may also be consecutive or successive contempts of court constituted by repeated omissions to comply with a mandatory order positively to do something.

2011 August 17, Lord Justice Hughes, “In the matter of W (a Child)”, in England and Wales Court of Appeal (Civil Division) Decisions, retrieved 2014-04-16:

When defendant committed the contempts of court at issue here, he was not at the time incarcerated in a penal or reformatory institution and he was not an escapee.

2012 December 18, “People v. Veilleux”, in Supreme Court of Michigan, retrieved 2014-04-16:

(law, countable) A particular act of open disrespect for or willful disobedience of the authority of a court of law.

Certain reports have appeared in the media that the Hon’ble Delhi High Court has issued a contempt of Court against the Chief of Army Staff.

2010 July 6, “Press Releases: Ministry of Defence”, in Press Information Bureau—Government of India, retrieved 2014-04-16:

There have been unconfirmed reports that the Lahore High Court has issued a contempt of court to the telecom companies for charging higher rates to international incoming callers.

2013 February 19, “Stocks falter on profit-taking in telecoms”, in Karachi Stock Exchange—Daily Market Trend, retrieved 2014-04-16:

(law, countable) A court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority.


minorat

(law, historical) A custom or right, analogous to borough English in England, formerly existing in various parts of Europe, by which certain entailed estates, such as a homestead and adjacent land, descended to the youngest male heir.


re-restitution

(law) An order returning property lost by a previous legal proceeding.


gay panic defense

gay panic defense (plural gay panic defenses)

(informal, law) A claim of self-defense against an unwanted homosexual advance.


latitat

Latin, meaning "he lies hidden", from latito.

This bill of Middlesex must be served on the defendant by the sheriff, if he finds him in that county; but , if he returns “non est inventus" then there issues out a writ of latitat to the sheriff of another county

(UK, law, historical) A writ based upon the presumption that the person summoned was hiding.


attempted rape

attempted rape (countable and uncountable, plural attempted rapes)

(law) A crime in which rape was the motive for an assault, although no rape was carried out.


barrable

The doctrine of perpetuity was excluded not because the remainder was legal but because it was barrable.

1876, Sir Henry Studdy Theobald, A concise treatise on the construction of wills:

The question then is brought to this, is it barrable by common deed?

1883, Reports of Cases Argued and Adjudged in the Court of Appeals and the High Court of Chancery of Maryland, page 229:

(law) Capable of being barred (prevented).


dwellinghouse

(law) A house intended as a residential building (and not, for example, as a place of business).


devastavit

Borrowed from Medieval Latin dēvastāvit (“he has wasted”), from dēvastāre, from dēvastō (“I devastate, I lay waste”), from de- + vastāre (from vastō (“I devastate, I lay waste, I ravage”), from vastus (“deserted, wasted”), from Proto-Indo-European *weh₂st- (“empty; wasted”)).

der

Court of Hustings
Lord Mayor of London
Richard Whittington

Waſt may be committed by ſelling or confuſing the Teſtator's Goods, leaving debts unpaid. By […] not having enough to pay them by ſelling of the Teſtator's Goods at an undervalue if by Covin, but if upon a judgment the Sheriff ſell them at undervalue, this is no Devaſtavit in the Executor.

1702, The Law of Executors and Administrators, being a Common Law Treatise. Shewing, Directions for the Management of their Office and Duty, in the Several Branches of It. …, London: Printed by the assigns of R. and Edw. Atkins Esquires. For J. Walthoe in the Middle Temple Cloysters, and M. Wotton at the Three Daggers in Fleet-street, →OCLC, page 191:

If an Executor pay an Uſurious Bond, other Creditors may make a Devaſtavit of it, Hob. p. 167. If a Man be bound in an Obligation Uſurious, the Bond is void between the Parties, yea and Strangers ſhall take the advantage of it; and therefore if ſuch an Obligor makes his Executor and die, and the Executor pay the uſurious Bond, other Creditors may ſhew it, and make a Devaſtavit of it, in Winchcomb and the Biſhop of Wincheſter’s Caſe.

[1710?], A Common Law Treatise of Usury, and Usurious Contracts: Wherein is Set forth, the Nature of Usury, and what Contracts are Said Usurious in our Law. …, London: Printed for John Wickins, and are to be sold by Robert Gosling, at the Mitre over against Chancery-Lane-End in Fleet-Street, →OCLC, page 4:

An executor is guilty of a devastavit if he pays legacies before the debts. […] If an administrator pay the debts of the intestate in such order as the law appoints to the value of all the goods with his own money, he may lawfully dispose of the goods as he pleases, and it will not be a devastavit.

1832, Thomas Coventry with Samuel Hughes, An Analytical Digested Index to the Common Law Reports: From the Time of Henry III. to the Commencement of the Reign of George III. with Tables of the Titles and Names of Cases. … In Two Volumes, 1st American edition, volume I, Philadelphia, Pa.: R. H. Small, law bookseller, 15 Minor Street, →OCLC, page 490:

In the case of an executor committing a devastavit, and a decree for payment of the amount, the debt is considered as due from the time of the devastavit, and not from the date of the decree; […]

1832, Edward Vaughan Williams, A Treatise on the Law of Executors and Administrators. … In Two Volumes, volume II, London: Saunders and Benning, law booksellers, (successors to J[oseph] Butterworth and Son,) 43 Fleet-Street, →OCLC, page 1259:

A representative may, as we have seen, be answerable personally to creditors of the deceased, even for acts done to the best of his judgment, or in the conscientious discharge of his duty. Much more is he so for wrongful acts. These acts are known in legal language as devastavits or acts whereby he has "wasted" or squandered the assets.

1861, Charles Francis Trower, The Law of Debtor and Creditor (The Law Library), Philadelphia, Pa.: T. & J. W. Johnson & Co., law booksellers and publishers, No. 535 Chestnut Street, →OCLC, page 260:

He was without authority, as the administrator in chief was without duty to him, for defaults or devastavits during the preceding administration.

1905, Reports of Cases Argued and Determined in the Supreme Court of Alabama, volume 41, Montgomery, Ala.: Brown Printing Co., →OCLC, page 128:

(property law) Waste or misapplication of the assets of a deceased person by an executor or administrator; devastation.

(property law) In full, writ of devastavit: a writ issued against an executor or administrator claiming compensation for such misapplication of assets.


sex-plus

She brought a sex-plus case against her employer for hiring older men but refusing to hire older women.

Her theory was a “sex plus” discrimination claim, alleging that the company did not promote fat women.

2008, Anna Rutherford, Fat rights: dilemmas of difference and personhood, page 163:

[…] the latter can perhaps be protected either by including the employee's private life among the grounds of prohibited discrimination, or under the ground of sex, as a sex-plus situation.

2010, Roger Blanpain, Comparative Labour Law and Industrial Relations in Industrialized Market Economies:

(law, US, of a discrimination case) Having as factors a person's gender and some other factor related to that gender.


fit up

en-verb

fit up (third-person singular simple present fits up, present participle fitting up, simple past and past participle fitted up)

fits up (present singular third-person)
fitting up (participle present)
fitted up (participle past)
fitted up (past)

The gun was placed in her car in an effort to fit her up.

(criminology, slang) Conspire to incriminate falsely a presumably innocent person.


nonguideline

(chiefly law) Not having or pertaining to guidelines.


OSC

order to show cause
order to show cause#English

(law) Initialism of order to show cause.


delation

en-noun

delation (countable and uncountable, plural delations)

Some curious circumstances respecting delation, prison life, and autos da fe are here minutely recorded.

1858, John Addington Symonds, Renaissance in Italy, Volumes 1 and 2:

Such public defiance might become Valentinian; but it could leave no room for the unworthy delation of the philosopher Maximus, which supposes some more private offence, (Zosimus, l. iv. p. 200, 201.)

1789, Edward Gibbon, The History of The Decline and Fall of the Roman Empire:

A wise woman who was popular with her neighbours might escape delation; whereas one who had fallen out with them might find herself accused not just of charming, but even of black witchcraft.

1971, Keith Thomas, Religion and the Decline of Magic, Folio Society, published 2012, page 253:

2012, Bradford E. Hinze, Chapter 1: A Decade of Disciplining Theologians, Richard R. Gaillardetz (editor), When the Magisterium Intervenes, Liturgical Press (Michael Glazier), page 9,
Delations frequently come from a local bishop, but there have been cases where vigilante groups (e.g., Catholics United for the Faith) and individuals have complained about a theologian's writings or lectures.

(law) An accusation or charge brought against someone, especially by an informer; the act of accusing someone.


prosecution history estoppel

prosecution history estoppel (uncountable)

(law) In United States patent law, the circumstance under which a person who has filed a patent application, and then made amendments to the application to accommodate the patent law and secure issuance of the patent, is prevented from bringing a cause of action for infringement of the patent where the allegedly infringing acts falling within the matter disclaimed by the amendment.


POSITA

person of ordinary skill in the art#English

(law) Acronym of person of ordinary skill in the art.


ampliatio

From Latin ampliātiō (“extending; a deferring of the decision of a judge”). Doublet of ampliation.


public comment

The purpose of the hearings, according to John Dyer, RTD general manager, will be to receive public comment on the environmental impact statement

1983 July 14, “Public Hearings on Metro Rail Impact Study Set”, in Los Angeles Times:

The draft code, which is out for public comment, calls for regular meetings between the external auditors and the regulators of major financial firms and also encourages more informal dialogue

2011 February 10, Brooke Masters, “Bank auditors to help provide early warning system”, in Financial Times:

The public comment deadline on the plan had been Thursday. But numerous people wanted more time to consider and comment on the plan, and the agencies agreed. Comments will now be accepted until March 3.

2011 February 16, Matt Weiser, “Public will have more time to comment on location of flooding nerve center”, in Sacramento Bee:

(politics, law) Input given by the public to governmental (or rarely other) bodies, about proposed legislation or regulation(s), during a period—and by means—set aside and prescribed by law.


peculium

Borrowed from Latin peculium. See peculiar.

(law, historical) The savings of a son or a slave, with the father's or master's consent; a little property or stock of one's own.


withdraught

/wɪðˈdɹɑːft/

From Middle English wyþdraȝþ, wedraught, etc, equivalent to with- + draught or withdraw + -th.

(law, obsolete) Retraxit: a dismissal with prejudice based on a plaintiff's withdrawal of the suit.

(law, obsolete) A fine imposed on plaintiffs for such a dismissal.


rule of recognition

(law) A notion of what should "count" as law.


distringas

Latin, that you distrain, from distringere. See distrain.

(law, historical) A writ commanding the sheriff to distrain a person by his goods or chattels, to compel a compliance with something required of him.


reddendum

en-noun

reddendum (plural reddendums or reddenda)

Neuter of Latin reddendus (“that must be given back or yielded”), gerundive of reddere. See reddition.

[…] the cognizance supposing a preceding gift, the cognizor cannot reserve any thing to himself out of lands, of which he has already conveyed away the absolute property, so that the reddendum comes too late when a precedent absolute gift without any such reservation is before acknowledged.

1783, William Cruise, An Essay on the Nature and Operation of Fines:

(law) A clause in a deed by which some new thing is reserved out of what had been granted before; the clause by which rent is reserved in a lease.


stillicidium

(law, historical) An urban servitude in Ancient Rome, where a proprietor was not allowed to build to the extremity of his estate, but must leave a space regulated by the charter by which the property was held, so as not to throw the eavesdrop on the land of his neighbour.


roture

roture (countable and uncountable, plural rotures)

(Canada, law, historical) A grant made of feudal property.


LGPL

Lesser General Public License
w:GNU Lesser General Public License

(computing, copyright law) Initialism of Lesser General Public License.


GNU GPL

GNU General Public License
w:GNU General Public License

(computing, copyright law) Initialism of GNU General Public License.


MIT license

Massachusetts Institute of Technology
Massachusetts Institute of Technology

(law, software) A free-software license originating at the Massachusetts Institute of Technology.


pluries

From Latin plūriēs (“many times, often”), which occurs in the first clause.

(law) A writ issued in the third place, after two former writs have been disregarded.


community service

community service (countable and uncountable, plural community services)

(law) Such work done as alternative for a criminal penalty.

gemeinnützige Arbeit

§ 10 JGG Abs. 1 S. 3 Nr. 4 jurisprudence, e.g. BVerfGE 74, 102


hesitation wound

hesitation wound (plural hesitation wounds)

(pathology, criminology) Any of a series of shallow cuts made by a person considering a suicide attempt, or trying out the weapon to ascertain its effectiveness.


mistaken identity

mistaken identity (countable and uncountable, plural mistaken identities)

(law) A defense in criminal law based on this situation, claiming that any eyewitnesses to a crime incorrectly thought that they saw the defendant.


armed robbery

armed robbery (countable and uncountable, plural armed robberies)

(law) A theft where the thieves are armed with weapons.

سَطْو مُسَلَّح

instance of robbery where the participants are armed


dation in payment

dation in payment (plural dations in payment)

(law) The agreed discharge of a debt by giving something differing in character from that of the original debt


dation

dation (countable and uncountable, plural dations)

(rare, law) The act of giving, granting or conferring (e.g. an office) but not liberal as a donation or gift.


fidejussor

/ˌfaɪdɪˈd͡ʒʌsə(ɹ)/

From Latin fīdēiussor: compare French fidéjusseur.

they also take recognizances or stipulations of certain fidejussors in the nature of bail

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

(law) A surety; one bound for another, conjointly with him; a guarantor.


unlawful detainer

(US, law) The act of retaining possession of property without legal right.

(US, law) A legal action intended to remedy unlawful detainer by restoring possession of property to its owner.


judicare

Blend of judicial + care; compare Medicare, denticare.

(US, law) A form of legal aid in which private lawyers and law firms are paid to handle cases from eligible clients alongside the cases from their own fee-paying clients.


mancipatio

(law, historical) In Ancient Rome, a solemn verbal contract by which the ownership of certain types of goods (res mancipi) was transferred.


creative work

(chiefly copyright law) A tangible manifestation of creative effort, such as literature, music, paintings, and software.


objectrix

The proceeding was heard ex parte and after examining only one witness for the objectrix[.]

1954, All India Reporter (D.V. Chitaley), volume 3, page 64

(chiefly law, rare) A woman who objects; a female objector; compare objectress.


browsewrap

browsewrap (usually uncountable, plural browsewraps)

From browse + wrap, modelled on clickwrap, itself modelled on shrinkwrap.

Relative to clickwrap, browsewrap is easily ignored by consumers, leaving them more vulnerable to exploitation.

2004, Louis S. Freeman, Tax strategies for corporate acquisitions, dispositions, spin-offs, joint ventures, financings, reorganizations and restructurings:

(law, Internet) A form of clickwrap license where the user must consent to the terms in order to use a website.


terms of use

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

here whakamahi

terms under which the end user may or may not utilize the end product


reaffirmance

reaffirmance (countable and uncountable, plural reaffirmances)

[B]oth the one and the other were nothing more than a re-affirmance of the still more antient standing law of the kingdom.

1790, Edmund Burke, Reflections on the Revolution in France, Oxford, published 2009, page 32:

(chiefly law) A second or subsequent affirmance; a reaffirmation.


overbreadth

(US, law) The excessive broadness of a statute that, in proscribing unprotected speech, also proscribes protected speech.


end user license agreement

end user license agreement (plural end user license agreements)

(law, copyright law) A contract between the manufacturer or copyright holder, also commonly called the licensor, of an end product and a person, commonly called the end user, that specifies the licenses under which the end user may utilize the end product, subject to restrictions as specified in the contract or agreement.

最終用戶許可協議

a contract between the manufacturer or copyright holder


privacy policy

privacy policy (plural privacy policies)

Of those apps without privacy policies, 76 percent shared sensitive information with third parties, and of those with privacy policies, 79 percent shared data while only about half admitted doing so in their published disclosures. In other words, privacy policies are more aptly referred to as surveillance policies, and that is what I suggest we call them.

2018, Shoshana Zuboff, chapter 8, in The Age of Surveillance Capitalism:

In January, viral posts – ironically, widely spread on WhatsApp – claimed the privacy policy gave the service the right to read users’ messages and hand the information over to its parent company, Facebook.

2021 February 22, Alex Hern, “WhatsApp to try again to change privacy policy in mid-May”, in The Guardian:

(law) A statement detailing policies that an organization or party uses to collect or hide information about an end user or customer of the organization, particularly where it concerns private information.

سياسة الخصوصية

statement detailing policies that an organization uses to collect information about users


call to the bar

call to the bar (plural calls to the bar)

(idiomatic, law) Admission to practice in the courts.


CDDL

(law, software) Initialism of Common Development and Distribution License.


foregift

(law, chiefly British) A payment in advance; an advance payment or premium paid by a lessee on taking or renewing a lease, distinct from the rent.


shield law

(US, law) legislation designed to provide a news reporter with the right to refuse to testify as to information and/or sources of information obtained during the news gathering and dissemination process.


half blood

(law) A person who shares one parent with another; a half-sibling.


nonmolestation

The judge granted a nonmolestation order.

(law, attributive) Absence of molestation.


special master

Daniel: You can't look at medical files, they're confidential.
Kate: That's why I need a special master.
Daniel: A special what?
Kate: A knowledgeable and impartial third party to review the files to report on what Corvis was gonna tell the US attorney without revealing any personal information. That's why I convinced the US attorney to appoint you.

2012 August 20, Lovesick (Perception), season 1, episode 6, spoken by Daniel Pierce and Kate Moretti (Eric McCormack and Rachael Leigh Cook):

Judge Cannon said the special master’s role would be “to review the seized property, manage assertions of privilege and make recommendations thereon, and evaluate claims for return of property.”

2022 September 6, Charlie Savage, “Special Masters and the Trump Records Investigation, Explained”, in The New York Times, →ISSN:

(UK, US, law) An authority appointed by a judge to make sure that judicial orders are actually followed.


cursitor

From Latin runner; in the legal sense, from Latin cursitor, from the words de cursu, applied in the statute to ordinary writs.

When actions are brought in the Courts of King's Bench or Common Pleas, founded upon original writs issuing out of the Courts of Chancery (which writs, as stated in the Report of the 9th of April 1816, it is the duty of the Cursitors to make out) it has been the practice in certain cases for the Filacers of the Courts of King's Bench and Common Pleas respectively, to receive from the Suitors the King's fines (if any) and also the fees payable to the Cursitors in respect of such original writs, and afterwards to account to the Cursitors for the fines and fees so received.

1817 December 20, House of Commons of the United Kingdom, “Second Report of the Commissioners for Examining into the Duties, Salaries and Emoluments, of the Officers, Clerks and Ministers, of the Several Courts of Justice, in England, Wales, and Berwick-upon-Tweed;—as to the Court of Chancery”, in Reports from Committees: Fever; Ireland; Courts of Justice: Session 27 January – 10 June, 1818, volume VII, [London]: [s.n.], published 6 April 1818, →OCLC, page 172:

(UK, law, obsolete) A clerk in the Court of Chancery whose business is to make out original writs.


plaidoyer

In this plaidoyer for culture, I will argue that cultural differences are reflected in language in profound ways […]

2010, Guy Deutscher, Through the Language Glass, Arrow, published 2011, page 7:

(chiefly law) An act of pleading; a plea.


nondisparagement

Coordinate term: nondisclosure

Mr. Negroponte said eliminating the comparisons was required as part of a nondisparagement clause in the partnership agreement the two companies had signed.

2008 January 5, John Markoff, “Intel Quits Effort to Get Computers to Children”, in New York Times:

(law) Not disparaging (a competitor, former employer, etc. as part of an agreement).


reargument

reargument (countable and uncountable, plural rearguments)

Voeller asserted that the National Gay Task Force, which initiated the Virginia case, planned to take the case back to the Supreme Court for re-argument.

1976 April 10, Neil Miller, “U.S. Supreme Court Upholds State Sodomy Laws”, in Gay Community News, page 6:

They could set the entire appeal down for reargument, with or without a substitute justice.

2008 January 19, Adam Liptak, “West Virginia Judge Steps Out of Case Involving a Travel Companion”, in New York Times:

(law) The arguing of a legal case again.


tolt

From Latin tolta, from tollere (“to take away”).

... for a plea pending in a seignorial court could be removed into the county court by a procedure called tolt, and from the county into the common pleas by a writ of pone.

1956, Theodore Plucknett, A Concise History of the Common Law, Butterworth & Co, page 104:

(UK, law, obsolete) A writ by which a cause pending in a court baron was removed into a county court.


creditor's rights

(law) The set of procedural provisions designed to protect the ability of creditors to collect the money that they are owed.


piscary

piscary (countable and uncountable, plural piscaries)

From Latin piscarius (“relating to fishes or to fishing”), from piscis (“a fish”).

uder

It seemed to have been generally understood that the lord could not approve, where the commoners had a right of turbary, piscary, of digging sand, or of taking any species of estovers upon the common.

(law) The right or privilege of fishing in somebody else's waters.


estovers

(law, history) An estover, an allowance made from an estate for a person's support.

(law, history) An allowance or alimony granted to a divorced woman, taken from the husband's estate for her support.

(law, history) An allowance of wood made to a tenant.

1770, William Blackstone, Commentaries on the Laws of England:

(law, history) The freedom of a tenant to take necessary wood from the land occupied by that tenant.


estover

en-noun

estover (usually uncountable, plural estovers)

From Middle English estovers pl, from Old French estover (“obligation”).

Your husband was seised of only one carucate of land, to which was appurtenant house-bote and hay-bote to be taken in that wood for burning at only one hearth in his chief messuage ; and if you by reason of your third part could in that wood take house-bote and hay-bote at your pleasure, there would be taken house-bote and hay-bote and fuel for two hearths, whereas they were previously appendant to only one hearth: wherefore, estovers for house-bote &c. you can not have; and we paray judgment.

1873, Alfred John Horwood, Year Books of the Reign of King Edward the First: XXI-XXII:

(archaic, law, history) An allowance provided from an estate for a person's support; an allowance of wood for repairs, firewood and fencing.


BBA

balanced budget amendment
balanced budget amendment#English

(US, politics, finance, law) Initialism of balanced budget amendment.


teach away

en-verb

teach away (third-person singular simple present teaches away, present participle teaching away, simple past and past participle taught away)

teaches away (present singular third-person)
teaching away (participle present)
taught away (participle past)
taught away (past)

A statement that a particular combination is not a preferred embodiment does not teach away absent clear discouragement of that combination.

2007, Bainbridge Lipscomb, Anthony William Deller, Lipscomb's Walker on Patents: Volume 9, page 1034:

By focusing specifically on the Weissman method, which arguably taught away from the invention, the Federal Circuit court avoided to discuss the more general prior art probing methods the applicants had actually used.

1998, Philippe Georges Ducor, Patenting the Recombinant Products of Biotechnology, page 49:

Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments.

1997, J. Michael Thesz, Manual of Patent Examining Procedure, page 163:

(law) In patent law, to describe the solution to a problem in a way that excludes a particular alternative to solving that problem addressed by a later invention.


TPS

en-noun

TPS (countable and uncountable, plural TPS's or TPSes)

temporary protected status
temporary protected status#English

(US, law) Abbreviation of temporary protected status.


waveson

(law, archaic) Goods found floating on the sea after a shipwreck.


away-going

[...] but there is partially in a few instances where the person has two-thirds of the away-going crop, and where he has that two-thirds, generally their agreement is that they do not pay any offstand; they have it clear.

1886, Great Britain. Parliament. House of Commons, House of Commons papers: Volume 6:

(archaic, law, of crops) Sown during the last years of a tenancy, but not ripe until after its expiration.


psychological injury

psychological injury (plural psychological injuries)

If a soldier suffers a psychological injury as a result of combat he or she may be eligible for compensation from the Department of Veterans Affairs.

With the requisite education, knowledge, and experience, forensic psychologists have a great deal to contribute to the understanding of psychological injuries and the resolution of litigation that may result when those injuries occur.

2008, Andrew W. Kane, Ph.D., Psychological Injury and Law, Springer, page 36:

(law) Damage to the psyche caused by an event that may lead to a tort action (lawsuit) or other compensation claim.


narrow seas

(nautical, law, UK) Those seas (bodies of ocean water) which surround the British Isles, especially the English Channel.


SLD

Statute Law Database
w:Statute Law Database

(UK, law) Initialism of Statute Law Database; the former name for legislation.gov.uk.


come forward

en-verb

come forward (third-person singular simple present comes forward, present participle coming forward, simple past came forward, past participle come forward)

comes forward (present singular third-person)
coming forward (participle present)
came forward (past)
come forward (participle past)

I’m coming forward to publicly share my own story in the hope that I can encourage others to do the same and help tear down the wall of silence that perpetuates further abuse.

2014 August 29, Ruzwana Bashir, “The untold story of how a culture of shame perpetuates abuse. I know, I was a victim”, in The Guardian:

(intransitive, idiomatic, law, criminology) To offer help or information, especially about a crime.


miskenning

From Middle English miskenninge, from Old English miscennung (“a mistake or variation in pleading before a court, a fine exacted for such a mistake”), equivalent to misken + -ing or mis- + kenning. Cognate with Dutch miskenning (“misunderstanding, mistreatment”).

cog

So that by about 1300, Dublin (b) or Waterford spoke with authority thus : "... it may be a cause of miskenning if perchance it happens that a man sues at the bar and the other party answers him, [...]

2005, Herman Cohen, A History Of The English Bar And Attornatus To 1450:

And that they be not made to suffer on account of miskenning in their suits, that is, if they have not pleaded exactly right.

2010, Adolphus Ballard, James Tait, British Borough Charters 1216-1307:


nondisturbance

(law) An agreement not to disturb tenants in a residence.


sublandlord

Ms. Colp-Haber said that companies that sublease space could protect themselves by negotiating the right to stay in the space with the building’s landlord if the sublandlord should default.

2009 March 4, Alison Gregor, “Commercial Renters Have a New Worry: A Landlord’s Default”, in New York Times:


recharacterization

en-noun

recharacterization (countable and uncountable, plural recharacterizations)

You owe tax on April 15 on $100,000, unless you reverse the transaction — a process called recharacterization.

2009 April 2, Deborah L. Jacobs, “For This Year, a Chance to Shift Financial Strategies”, in New York Times:

(law, finance) The treatment of a certain course of conduct in a different manner to which the participants describe it.


Mareva injunction

Mareva injunction (plural Mareva injunctions)

Named after the legal case Mareva Compania Naviera SA v International Bulkcarriers SA [1975] 2 Lloyd's Rep 509, decided in 1975.

(law, British, Canada) A court order which freezes assets so that a defendant to an action cannot dissipate their assets from beyond the jurisdiction of the court.


BCL

Bachelor of Civil Law
w:Bachelor of Civil Law

(education, law) Initialism of Bachelor of Civil Law.


vadimony

(obsolete, law) A bond or pledge for appearance before a judge on a certain day.


vouchee

(law, archaic) The person who is vouched, or called into court to support or make good his warranty of title in the process of common recovery.


vadium

From Medieval Latin wadium, from Frankish *wadja, from Proto-Germanic *wadją (“pledge”); akin to Old English wedd (“pledge”). More at wed.

(law, archaic) A pledge or security; bail.


patent thicket

(law) A group of patents in a field of technology which collectively impede a party from commercializing its own patents or products in that field.


potestative

en-adj

potestative (comparative more potestative, superlative most potestative)

more potestative (comparative)
most potestative (superlative)

From Latin potestativus, from potestas (“power”). Compare French potestatif. See potent.

A potestative condition is that which is in the power of the person in whose favor it is contracted; as, if I engage to give my neighbor a sum of money, in case he cuts down a tree which obstructs my prospect.

1843 John Bouvier, A Law Dictionary. Reprinted by G.W. Childs: Philadelphia, 1864. Entry for "Condition", p. 264. (online)

Articles 1170 and 1174 of the French Civil Code deal with potestative conditions. The former defines as potestative a contractual condition the fulfillment of which is within the power of one of the contracting parties to bring about or hinder. The latter article provides that every obligation contracted on a potestative condition on the part of him who purports to bind himself is null.

1962, William Shelby McKenzie, “Obligations — Potestative Conditions — Right to Terminate In Employment Contracts”, in Louisiana Law Review, volume 22:

(law) of a condition in a legal contract: being completely controlled by exactly one of the parties to the contract


ROAH

restraining order
restraining order#English

(law) Initialism of restraining order after hearing.


nonconstitutionality

(law) The status of being nonconstitutional, of not being in accord with the provisions of a constitution.


nonterm

(law) A vacation between two terms of a court.


nontenure

(law) A defendant's plea that he/she did not hold the land, as affirmed.


preliminarily enjoin

en-verb

preliminarily enjoin (third-person singular simple present preliminarily enjoins, present participle preliminarily enjoining, simple past and past participle preliminarily enjoined)

preliminarily enjoins (present singular third-person)
preliminarily enjoining (participle present)
preliminarily enjoined (participle past)
preliminarily enjoined (past)

preliminary injunction
preliminary injunction

(law) To impose a preliminary injunction upon; to restrain by court order from engaging in a certain activity after a hearing and before a final resolution of a dispute.


inter partes

Borrowed from Latin inter partes (“between parts”).

(law) Of, relating to, or characteristic of a proceeding where multiple parties to a dispute are present.


inter partes

(law) In the manner of a proceeding where multiple parties to a dispute are present.


simultaneous death

en-noun

simultaneous death (plural simultaneous deaths)

(law) In the law of wills, the death of two persons, each of whom would inherit the estate of the other if deemed to have survived the other, where such deaths occur within a time period set by statute (typically 120 hours), because of which the law treats each person as if they had died before the other in determining the distribution of estates.


damage feasant

damage feasant (countable and uncountable, plural damages feasant)

From an Old French phrase (compare modern French faisant dommage).

Actual damages must be shown to justify impounding cattle taken for damage feasant. Where there is no real damage, the cattle cannot be held for the costs.

1882 September 4, Dudley v McKenzie, a case before the Supreme Court of Vermont, reported in The Reporter: Containing Decisions of the Supreme and Circuit Courts

(law) The doing of damage; in particular, the doing by animals such as cattle of damage by trespassing.


declinature

declinature (countable and uncountable, plural declinatures)

(law) The legal privilege of a party, in certain circumstances, to decline the jurisdiction of a judge before whom the party's case sits.


local administrative unit

local administrative unit (plural local administrative units)

(administration, law) In the European union, a low-level administrative division of a country, ranked below a province, region, or state.


resetter

(law, Scotland) One who receives or conceals, as stolen goods or a criminal.


water law

(law) A branch of law dealing with the ownership, control, and use of water as a resource.


annual report

(law) In business law, a comprehensive report on a the activities of a company throughout the preceding year, generally produced in compliance with requirements established by government agencies.

年度報告

company report of activities for the preceding year


elocute

en-verb

elocute (third-person singular simple present elocutes, present participle elocuting, simple past and past participle elocuted)

elocutes (present singular third-person)
elocuting (participle present)
elocuted (participle past)
elocuted (past)

The girl, now 13, wore a green dress. She was somber as [Rudy Lozano] required Beith to elocute – state the charges against him and account for his role in the crime.

2002 July 2, Steve Walsh, “‘Because I’m Guilty’: Maximum sentence is 15 years in prison and fine”, in The Post-Tribune, Gary, Indiana, page A1:

“If the defendant gets up and elocutes today that he’s sorry – the facts show that he is not sorry, that he doesn’t believe he committed any crimes,” York County Deputy District Attorney Justina McGettigan told the court.

2013 March 21, Seth Koenig, “Mark Strong gets 20 days in Kennebunk Zumba prostitution case, sent directly to jail”, in Bangor Daily News, Bangor, Maine:

Does anybody really think that Newt Gingrich[…] let alone people such as Dennis Hastert, who later elocuted in court to abusing young boys sexually,[…] does anybody think that these people really went all Aunt Pittypat with shock at Bill and Monica having a little after-hours fun?

2018 January/February, Telly Davidson, “Monica’s Lingering Legacy”, in The American Conservative, volume 17, number 1, page 12:

Yes, Manafort pled guilty to essentially these charges in federal court. He elocuted to them and he also admitted that he was guilty of the counts that hung where the jury didn’t reach a verdict.

2019 March 13, The Beat with Ari Melber, spoken by Daniel Alonso, via MSNBC:


disponee

(law, Scotland, historical) The person to whom any property is legally conveyed.


indorsee

(law, archaic) The person to whom a note or bill is indorsed, or assigned by indorsement.


theftbote

(law, obsolete) The receiving of a person's goods again from a thief, or a compensation for them, by way of composition, with the intent that the thief shall escape punishment.


judicable

en-adj

judicable (comparative more judicable, superlative most judicable)

more judicable (comparative)
most judicable (superlative)

Pride is soon discernable, but not easily judicable.

1651–1653, Jer[emy] Taylor, ΕΝΙΑΥΤΟΣ [Eniautos]. A Course of Sermons for All the Sundays of the Year. […], 2nd edition, London: […] Richard Royston […], published 1655, →OCLC:

(law) Able to be judged; capable of being tried or decided upon, especially in a legal case.


redemise

en-noun

redemise (countable and uncountable, plural redemises)

(law) The transfer of an estate back to the person who demised it; reconveyance.


redemise

en-verb

redemise (third-person singular simple present redemises, present participle redemising, simple past and past participle redemised)

redemises (present singular third-person)
redemising (participle present)
redemised (participle past)
redemised (past)

(law, transitive) To demise back; to convey or transfer back, as an estate.


hypothecator

(law) One who hypothecates or pledges anything as security for the repayment of money borrowed.


gabel

From French gabelle, from Late Latin gabella, gabulum, gablum; of uncertain origin. Compare gavel (“tribute”).

He enables St. Peter to pay his gabel by the ministry of a fish.

1651, Jer[emy] Taylor, The Rule and Exercises of Holy Living. […], 2nd edition, London: […] Francis Ashe […], →OCLC:

(UK, law, obsolete) A rent, service, tribute, custom, tax, impost, or duty; an excise.


bail-piece

(law, archaic) A document containing a recognizance or bail bond.


defeasanced

(law) Liable to defeasance; capable of being made void or forfeited.


demisable

a demisable estate


discontinuee

(law, historical) One whose possession of an estate is broken off, or discontinued; one whose estate is subject to discontinuance.


nonconstat

(law) It does not appear; it is not plain or clear; it does not follow.


underlease

underlease (third-person singular simple present underleases, present participle underleasing, simple past and past participle underleased)

underleases (present singular third-person)
underleasing (participle present)
underleased (participle past)
underleased (past)

(property law, informal) Synonym of sublet.


outcourt

As Ash-Sharq Al-Awsat apologises for having published the claims originally published by The Sunday Telegraph regarding Mr. Rached Ghannouchi who has won a court case against the paper. It publishes this clarification in its insistance upon objective truth and the rights of readers and of Mr. Ghannouchi, after having reached an outcourt settlement with Mr. Ghannouchi, and expresses its regret for what the news item has caused him.

(law) Occurring outside the courtroom; adjudicated outside of a trial.


butlerage

en-noun

butlerage (countable and uncountable, plural butlerages)

There is also another very antient hereditary duty belonging to the crown, called the prisage or butlerage of wines; which is considerably older than the customs, being taken notice of in the great roll of the exchequer, 8 Ric. I. still extant. Prisage was a right of taking two tons of wine from every ship importing into England twenty tons or more; which by Edward I. was exchanged into a duty of 2s for every ton imported by merchant-strangers, and called butlerage, because paid to the king's butler.

1771, William, Sir Blackstone, “Of the King's Revenue”, in Commentaries on the Laws of England, volume 1, pages 314–315:

(law, archaic or historical) A duty formerly paid to the king's butler on every ton of wine imported into England by foreign merchants.


forejudger

(law) A judgement by which one is deprived or put of a right or thing in question.


prodigus

(law, obsolete) A prodigal person; a spendthrift.


venire facias

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

bor

[A] Venire facias is the foundation and Cauſa ſine qua non, of a Jury (I mean in Civil Causes; for in Criminals, as upon Indictments, the Justices of Gaol-Delivery, give a general Command to Sheriff, to cauſe the Country to come against their coming, and take the Pannels of the Sheriff, without any Proceſs directed to him; yet Proceſs may be made againſt the Jury, though it is not much uſed.[…]) I will firſt recite the Writ in terminis, the rather becauſe I intend to order my Diſcourse, according to the method of the Writ. / Rex. &c. Vic. B. Salutem. Præcipimus tibi quod venire facias coram Juſticiariis noſtris de Banco apud Weſtm. tali die, duodecim liberos & legales homines de vicinet. de C. quorum quilibet habeat quatuor libras terræ, […]

1702, G[iles] D[uncombe], Tryals per Pais: or, the Law of England Concerning Juries by Nisi Prius, &c. Newly Revised, and much Enlarged, with an Addition of Precedents, and Forms of Challenges, Demurrers upon Evidence, Bills of Exception, Pleas Puis le Darrein Continuance, &c. The Fourth Edition with Large Additions. To which is now Added, a farther Treatise of Evidence. Together with a New and Exact Table to the whole Matter. Very Useful and Necessary for all Lawyers, Attornies and other Practisers, especially at the Assises, 4th edition, London: Printed by the Assigns of Rich. and Edw. Atknis [sic: Atkins], Esquires, for J. Walthoe in Middle-Temple Cloysters, →OCLC, pages 30–31:

Venire facias, A Writ judicial awarded to the Sheriff to cauſe a Jury of the Neighbourhood to appear, when a Cauſe is brought to Iſſue, to try the ſame; and if the Jury come not at the Day of this Writ, then there ſhall go a Habeas Corpora, and after a Diſtreſs until they appear.

1729, Giles Jacob, A New Law-dictionary Containing the Interpretation and Definition of Words and Terms Used in the Law; and also the Whole Law, and the Practice thereof, under all the Heads and Titles thereof. Together with such Informations Relating thereto, as Explain the History and Antiquity of the Law, and our Manners, Customs, and Original Government. Abstracted from all Dictionaries, Abridgements, Institutes, Reports, Year-Books, Charters, Registers, Chronicles, and Histories, Published to this Time. And Fitted for the Use of Barristers, Students, and Practisers of the Law, Members of Parliament, and other Gentlemen, Justices of Peace, Clergymen, &c., In the Savoy [London]: Printed by E. and R. Nutt, and R. Gosling, (Assigns of E. Sayer, Esq;) for J. and J. Knapton [et al.], →OCLC, page [704]:

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.

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:

(law) A judicial writ or precept directed to the sheriff, requiring him to cause a certain number of qualified persons to appear in court at a specified time to serve as jurors.

Venire facias, Is alſo the common Proceſs upon any Preſentment, being in Nature of a Summons for the Party to appear; and is a proper Proceſs to be firſt awarded on an Indictment for any Crime, under the Degree of Treaſon, Felony, or Maihem, except in ſuch Caſes wherein other Proceſs is directed by Statute: […]

1729, Giles Jacob, A New Law-dictionary Containing the Interpretation and Definition of Words and Terms Used in the Law; and also the Whole Law, and the Practice thereof, under all the Heads and Titles thereof. Together with such Informations Relating thereto, as Explain the History and Antiquity of the Law, and our Manners, Customs, and Original Government. Abstracted from all Dictionaries, Abridgements, Institutes, Reports, Year-Books, Charters, Registers, Chronicles, and Histories, Published to this Time. And Fitted for the Use of Barristers, Students, and Practisers of the Law, Members of Parliament, and other Gentlemen, Justices of Peace, Clergymen, &c., In the Savoy [London]: Printed by E. and R. Nutt, and R. Gosling, (Assigns of E. Sayer, Esq;) for J. and J. Knapton [et al.], →OCLC, page [705]:

(law, historical) A summons to cause the party indicted on a penal statute to appear.

Process of Venire facias ad respondendum is a writ addressed to the Sheriff, commanding him that he cause the party who is the object of it to come before the Barons of the Exchequer on a day certain (either a general or a special return day) to answer the suitor of a plea of debt, (&c.) […] At this day the Venire facias is regarded and used (like all other mesne process) in this department of the Court as a mere measure of compelling appearance or bringing a party before the Court, differing from other mesne process only in tenor and form, not in object or ultimate effect; and it has no distinct influence on subsequent proceedings. […] The following is the form of the Venire facias: William the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, To the Sheriff of [county] greeting.—We command you that you omit not by reason of any liberty of your county, but that you enter the same, and cause [the defendant's name] to come before the Barons of our Exchequer at Westminster […]

1831, G[eorge] Price, Attorney's Practice in the Exchequer of Pleas, being a Practical Summary of the Course and Forms of Proceeding at Law by the Exchequer Process, London: Saunders and Benning, law booksellers, (successors to J[oseph] Butterworth & Son,) 43, Fleet Street, →OCLC, pages 130–131:

venire facias ad respondendum
venire facias ad respondendum#English

(law, historical) (Clipping of venire facias ad respondendum.) A writ directed to the sheriff, requiring him to cause the person named in the writ to appear in court to respond to a civil (non-criminal) claim against him or her.


testatum

Mr. Edwin perceives no contradiction in the two clauses; certainly the testatum proceeds to say that the assignment is made “in accordance with the bequests in the said will contained,” but the executor and legatees by the deed put their own construction on the will […]

(law) One of the clauses of an English deed, enumerating the operative words of transfer, statement of consideration, money, etc.


adrogate

en-verb

adrogate (third-person singular simple present adrogates, present participle adrogating, simple past and past participle adrogated)

adrogates (present singular third-person)
adrogating (participle present)
adrogated (participle past)
adrogated (past)

There were certain sacred rites (sacra gentilitia) which belonged to a gens, to the observance of which all the members of a gens, as such, were bound, whether they were members by birth, adoption, or adrogation. A person was freed from the observance of such sacra, and lost the privileges connected with his gentile rites, when he lost his gens, that is, when he was adrogated, adopted, or even emancipated; for adrogation, adoption, and emancipation were accompanied by a diminutio capitis.

1848, G[eorge] L[ong], “GENS”, in William Smith, editor, Dictionary of Greek and Roman Antiquities, 2nd improved and enlarged edition, London: Taylor, Walton, and Maberly, Upper Gower Street; and Ivy Lane, Paternoster Row; John Murray, Albemarle Street, →OCLC, page 568, column 2:

(transitive, Ancient Rome, law, historical) To adopt (a free citizen).


disentail

disentail (third-person singular simple present disentails, present participle disentailing, simple past and past participle disentailed)

disentails (present singular third-person)
disentailing (participle present)
disentailed (participle past)
disentailed (past)


disentail

(law) The act of freeing from entailment.


commodatum

From Middle English, from Latin commodātum (“loan”), neuter substantive of commodātus (“borrowed, lent”).

(Roman law, civil law) A gratuitous loan for the temporary use of a thing to be returned after a fixed or determinable time.


disaffirmance

en-noun

disaffirmance (countable and uncountable, plural disaffirmances)

disaffirmance of judgement

(law) Overthrow or annulment by the decision of a superior tribunal.


improving lease

improving lease (plural improving leases)

(law, Scotland, historical) An extended lease to induce the tenant to make improvements to the premises.


instrumentary

en-adj

instrumentary (comparative more instrumentary, superlative most instrumentary)

more instrumentary (comparative)
most instrumentary (superlative)

The nearest relations of a party by whom a deed is granted, or in whose favour it is conceived, are good instrumentary witnesses; and although it has been generally laid down by the text writers, that women cannot be instrumentary witness, it is extremely doubtful how far this is correct.

1832, The Institutions of the Law of Scotland, page 23:

(law, Scotland) Pertaining to a legal instrument.


debtee

If a person indebted to another makes his creditor or debtee his executor , or if such a creditor obtains letters of administration to his debtor ; in these cases the law gives him a remedy for his debt by allowing him to retain so much as will pay himself

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

The debtee also relies on the debtor to be financially successful themselves to pay the instalments of the debt as necessary.

2022, Richard J. Britton, Romans and the Power of the Believer:

(law) One who is owed a debt; a creditor.


knight banneret

en-noun

knight banneret (plural knights bannerets)

(law, historical) A knight entitled to subinfeudate his estate and to lead troops under his own banner.

baanderheer

Knight entitled to lead men under his own banner


disseizee

(law, archaic) One who is disseized, or put out of possession of an estate unlawfully.


consultary

a consultary response

(law) Formed by consultation; resulting from conference.


hallage

hallage (countable and uncountable, plural hallages)

(law, obsolete) A fee or toll paid for selling goods in a hall.


wrongous

en-adj

wrongous (comparative more wrongous, superlative most wrongous)

more wrongous (comparative)
most wrongous (superlative)

From Middle English wrongous, for earlier wrongwis, wrangwis, from Old English wrongwīs, wrangwīs (“wrongous, rough, uneven”), equivalent to wrong + -ous (see also wrongwise). Cognate with Swedish vrångvis (“wrong, iniquitous”). See wrong, and compare righteous.

It’s my opinion that the creature Dougal will have a good action of wrongous imprisonment and damages again him, under the Act seventeen hundred and one, and I’ll see the creature righted.

1817 December 31 (indicated as 1818), [Walter Scott], chapter III, in Rob Roy. […], volume III, Edinburgh: […] James Ballantyne and Co. for Archibald Constable and Co. […]; London: Longman, Hurst, Rees, Orme, and Brown, →OCLC, page 61:

If the prisoner is detained an unreasonable time, he would have an action for wrongous imprisonment.

1879, James Paterson, Reports of Scotch Appeals in the House of Lords:

(UK dialectal, Scotland, especially law) Wrongful; not right; unjust; illegal.


nol-pros

en-verb

nol-pros (third-person singular simple present nol-prosses, present participle nol-prossing, simple past and past participle nol-prossed)

nol-prosses (present singular third-person)
nol-prossing (participle present)
nol-prossed (participle past)
nol-prossed (past)

(law, transitive) To discontinue by entering a nolle prosequi; to decline to prosecute.


replead

replead (third-person singular simple present repleads, present participle repleading, simple past and past participle (North America, Scotland) repled or (England) repleaded)

repleads (present singular third-person)
repleading (participle present)
repled (North-America Scotland participle past)
repled (North-America Scotland past)
repleaded (England participle past)
repleaded (England past)

(law, transitive, intransitive) To present a rewritten argument.


undeeded

undeeded land


irritancy

en-noun

irritancy (countable and uncountable, plural irritancies)

(law, Scotland) The state or quality of being null and void; invalidity


non assumpsit

(law) The general plea or denial in an action of assumpsit.


non liquet

non liquet (plural non liquets or non liquent)

non liquets (plural)
non liquent (plural)

(law) A verdict given by a jury when a matter is to be deferred to another day of trial.


non obstante

(law) A clause in old English statutes and letters patent, designating a licence from the Crown to do a thing notwithstanding any laws to the contrary.


formedon

From Old French [Term?], from Latin [Term?], so called because the plaintiff claimed “by the form of the gift”: per formam doni.

So, if Lands be given to Father and Son, and to the heirs of their two bodies begotten, the remainder over in fee, and afterwards the Father dieth without any Iſſue but the Son, and afterwards the Son dieth without Iſſue, and a Stranger abateth, he in the remainder ſhall have one Formedon in the remainder, although the Eſtate tails were ſeveral, […]

1680, Edward Coke, “Mich. 7 Jacobi. In the Common Pleas. Buckmere’s Case.”, in The Reports of Sir Edward Coke, Kt. […], 2nd edition, London: […] H. Twyford, […], →OCLC, part VI, pages 570–571:

(British, law, historical) A writ of right for a tenant in tail in case of a discontinuance of the estate tail.


ingross

en-verb

ingross (third-person singular simple present ingrosses, present participle ingrossing, simple past and past participle ingrossed)

ingrosses (present singular third-person)
ingrossing (participle present)
ingrossed (participle past)
ingrossed (past)

(UK, historical, law) Prior to the abolition of inrollment in 1849, to engross a Parliamentary bill prior to royal assent by preparing it on a roll, incorporating any amendments.


fightwite

(UK, historical, law) In Medieval Britain, a fine imposed on someone for disturbing the peace with a fight or quarrel.


non est inventus

And in case of the principal's avoidance and the return of non est inventus (g) upon the execution, the bail shall be obliged to satisfy the judgment out of his own estate

(law) The response of a sheriff on a writ, when the defendant is not found in his county.


palliatory

en-adj

palliatory (comparative more palliatory, superlative most palliatory)

more palliatory (comparative)
most palliatory (superlative)


bargainee

A lease , or rather bargain and sale , upon some pecuniary consideration , for one year , is made by the tenant of the freehold to the lessee or bargainee

(law, historical) The party to a contract who receives, or agrees to receive, the property being sold.


socager

(law, historical, UK) A tenant by socage.


portmote

From Middle English portemot, portemote, portmot, portmote; equivalent to port + mote; compare Anglo-Latin portimōtus.

And in England it hath always been held, that the king is lord of the whole shore, and particularly is the guardian of the ports and havens, which are the inlets and gates of the realm: and therefore, so early as the reign of king John, we find ships seised by the king's officers for putting in at a place that was not a legal port. These legal ports were undoubtedly at first assigned by the crown; since to each of them a court of portmote is incident, the jurisdiction of which must flow from the royal authority: the great ports of the sea are also referred to, as well known and established, by statute 4 Hen. IV. c. 20. which prohibits the landing elsewhere under pain of confiscation: and the statute 1 Eliz. c. 11. recites that the franchise of landing and discharging had been frequently granted by the crown.

1771, William, Sir Blackstone, “Of the King's Prerogative”, in Commentaries on the Laws of England, volume 1, page 264:

(law, obsolete, UK) A court, or mote, held in a port town.


vicontiel

From Anglo-Norman vicontiel, from Middle French visconte (“viscount”) + -iel. Equivalent to viscount + -ial.

Vicontiel writs were those that were triable in the sheriff, or county, court.

It is in the election of the party injured by a trespass, to sue out a writ of trespass that is returnable, or one that is not. The latter writ is called a vicontiel writ; because the matter therein complained of is to be determined before the sheriff ...

1798, Henry Gwillim, A New Abridgment of the Law in Seven Volumes: 6: 5th edition, page 554:

(law, UK, obsolete) Of or pertaining to the viscount or sheriff of a county.


visne

From Old French visné, veisiné, visnet (“neighborhood”), from Vulgar Latin *vīcīnātus, from Latin vīcīnus (“neighboring, a neighbor”). See vicinity.

der

(law, obsolete or historical) neighborhood; vicinity; venue


in transitu

stoppage in transitu

(law, archaic) in transit; during transportation


non prosequitur

(law) A judgement entered against the plaintiff in a suit where he/she fails to appear to prosecute.


vavasory

(law, obsolete) The quality or tenure of the fee held by a vavasor.

(law, obsolete) The lands held by a vavasor.


shareholders' meeting

en-noun

shareholders' meeting (plural shareholders' meetings)

(law) A meeting of all shareholders of a company, usually held at least annually to approve the accounts and elect the members of the board.


vicontiels

(UK, law, obsolete) Things belonging to the sheriff, especially farms (also called "vicontiel rents") for which the sheriff used to pay rent to the king.


non est factum

(law) A defence in contract law that allows a signing party to escape performance of an agreement that is fundamentally different from what they intended to execute or sign.


redhibitory

Borrowed from Late Latin redhibitōrius, from redhibeō.

a redhibitory action or fault

rescinding both contracts because the cars had redhibitory defects

1998, “Watkins v. Freeway Motors - A need to clarify the principle of novation”, in Louisiana Law Review:

(law) Of or pertaining to redhibition (the annulling of a sale).


loanland

loanland (usually uncountable, plural loanlands)

(law, UK, obsolete) Land that has been granted temporarily, without any loss of ownership.


folkland

folkland (countable and uncountable, plural folklands)

From Old English folcland. Equivalent to folk + land.

The folkland, the national fund, was administered and conveyed conjointly by the king and the witan.

1889, Hannis Taylor, The Origin and Growth of the English Constitution:

(law, historical, UK) Land held in villeinage, being distributed among the folk, or people, at the pleasure of the lord of the manor, and taken back at his discretion.


mainor

From Anglo-Norman meinoure, Old French manuevre. See maneuver and French main (“hand”).

(law, UK, obsolete) The act or fact, especially of theft.

for the future one credible Witness proveing the Fact, and supported by probable Circumstances, or the Mainor being upon Search or otherwise found with or upon the Malefactor[…]

1821, Anthony Mills, The Ancient Ordinances and Statute Laws of the Isle of Man:

(law, UK, obsolete) A stolen article found on the person of the thief.


subagent

Where a subagent is appointed pursuant to actual or implied authority from the principal the principal is liable directly to the subagent for his compensation .

1915, Harry Noyes Greene, William Mark McKinney, David Shephard Garland, American and English Annotated Cases, page 22:

Where a subagent is appointed by authority of the principal, the subagent is, so far as relates to third persons, the agent of the principal, and the acts of the subagent are binding upon the principal;

1918, Israel A. Washburne, Principles of the Law of Contracts, page 37:

Confusing relationships, disclosures, and conflicts arise if the licensee acts as subagent with one buyer and buyer's agent with another buyer on the same property.

2003, Donna K. Peeples, Minor Peeples, Texas Real Estate Agency, page 120:

(law) A person employed by an agent to transact the whole, or a part, of the business entrusted to the latter.


upsun

(law, Scotland) The time during which the sun is up, or above the horizon; the time between sunrise and sunset.


subreader

When his lordship was reader, he made him his subreader, which shewed him to the society, and to men of his profession

1819, Roger North, The Life of the Right Honourable Francis North:

(law, UK, archaic) An under reader in the inns of court, who reads the texts of law the reader is to discourse upon.


manbote

Learned borrowing from Old English manbōt (“fine paid to the lord of a slain man or vassal”). More at man, bote.

lbor

Manbote of freedom

1628–1644, Edw[ard] Coke, (please specify |part=1 to 4), London:

Three weeks later an equal sum, under the name of manbote, was paid to the lord, as a compensation for the loss of his vassal.

1688, John Lingard, A History of England:

1962, H.R. Loyns, quoted in NYT, Daily Lexeme: Maegbot, 2011

If a man was slain a special manbot, or compensation for the loss of a man, had to be paid to the lord side by side with the mægbot to the kin.

(law, historical, Anglo-Saxon) A sum paid to a lord as a pecuniary compensation for killing his vassal, servant, or tenant.


surrenderee

The lord is compellable by mandamus to admit the surrenderee, that is, the person to whose use the surrender is made.

1876, Herbert Newman Mozley, George Crispe Whiteley, A Concise Law Dictionary, page 435:

(law) The person to whom a surrender is made.


indictor

As because in them, if they be followed in course of indictment, there passeth a double jury, the indictors and the triers.

1622, Francis, Lord Verulam, Viscount St. Alban [i.e. Francis Bacon], The Historie of the Raigne of King Henry the Seventh, […], London: […] W[illiam] Stansby for Matthew Lownes, and William Barret, →OCLC:


essoiner

Borrowed from Anglo-Norman essoigniour, from Old French essoignier. By surface analysis, essoin + -er.

(England, archaic, law) An attorney who sufficiently excuses the absence of another.


repleader

Whenever a repleader is granted, the pleadings must begin de novo.

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

(law) A second pleading, or course of pleadings.


home invasion

(law, criminology) An assault on the possessor(s) of a household committed by an intruder by using forced entry or otherwise having unauthorized presence in the household.


intercommonage

(law, UK, obsolete) The right or privilege of intercommoning.


appellancy

As Paul Strohm argues, the absence of evidence to suggest that Usk was formally charged with any crime at this juncture indicates a creative use of the concept of appellancy, which typically enabled felons to mitigate their punishment through confession and the provision of testimony contributing to the conviction of their accomplices.

2016, Elizabeth Elliott ·, Remembering Boethius:

(law) A form of plea bargain in which someone is granted immunity or a reduced sentence in return for providing testimony to convict their accomplices.


intromit

en-verb

intromit (third-person singular simple present intromits, present participle intromitting, simple past and past participle intromitted)

intromits (present singular third-person)
intromitting (participle present)
intromitted (participle past)
intromitted (past)

/ˌɪntɹəˈmɪt/

(law, Scotland) To intermeddle with the effects or goods of another.


repleviable

repleviable fruit

repleviable person

(law, archaic) Capable of being replevied.