conflict out, vb. To disqualify (a lawyer or judge) on the basis of a conflict of interest (the judge was conflicted out of the case by his earlier representation of one of the litigants). [Cases: Attorney and Client 20.1; Judges 39. C.J.S. Judges §§ 62, 98, 100–102, 107.]
armed conflict. Int’l law. 1. A state of open hostility between two nations, or between a nation and an aggressive force. • A state of armed conflict may exist without a formal declaration of war by either side. 2. A military action taken under Article 42 of the United Nations Charter. — Also termed police
out of order. 1. (Of a motion) not in order (the motion is out of order because it conflicts with the bylaws). See IN ORDER. • A motion may be “out of order” because it is inherently inappropriate for the deliberative assembly’s consideration at any time (e.g., because it proposes an unlawful action). A motion
local-law theory. Conflict of laws. The view that, although a court of the forum recognizes and enforces a local right (that is, one created under its own law), in a foreign-element case it does not necessarily apply the rule that would govern an analogous case of a purely domestic character, but instead takes into account
administrative law. The law governing the organization and operation of administrative agencies (including executive and independent agencies) and the relations of administrative agencies with the legislature, the execu-tive, the judiciary, and the public. • Administrative law is divided into three parts: (1) the statutes endowing agencies with powers and establishing rules of substantive law relating
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negotiation, n. 1. A consensual bargaining process in which the parties attempt to reach agreement on a disputed or potentially disputed matter. • Negotiation usu. involves complete autonomy for the parties involved, without the intervention of third parties. [Cases: Contracts 25. C.J.S. Contracts § 60.] “Negotiation, we may say, ought strictly to be viewed simply
dispute, n. A conflict or controversy, esp. one that has given rise to a particular lawsuit. — dispute, vb. major dispute. Labor law. Under the Railway Labor Act, a disagreement about basic working conditions, often resulting in a new collective-bargaining agreement or a change in the existing agreement. • Under the Act, two classes of
specificatio (spes-[schwa]-fi-kay-shee-oh), n. [Latin fr. species “form” + facere “to make”] Roman & civil law. 1. A giving of form to materials; the process of making something new from existing property. 2. A mode of acquisition by which a person made something new from existing material (for example, wine from grapes or a ship from
antidissection rule. Trademarks. A rule, applied in comparing potentially conflicting marks, that requires that the marks be compared as a whole or as they are viewed by consumers in the marketplace, not broken down into their component parts. • The antidissection rule does not preclude an analysis of the dominant and subordinate features of a
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