judgment note
judgment note. 1. A nonnegotiable promissory note, illegal in most states, containing a power of attorney to appear and confess judgment for a specified sum. 2. COGNOVIT NOTE.
Search Results for: JUDGMENT NOTE
shorthand writers’ notes
shorthand writers’ notes 〈英〉速记笔录 在高级法院〔superior courts〕中进行的庭审，通常要有速记员将当事人所提的证据及由此而进行的辩论如实地记录下来。在陪审团审理中，法官口头所作的总结及所有裁决都应记录下来。在上诉审中需要时还应提交该种笔录的副本。在上诉法院，速记笔录往往构成法庭即席判决〔extempore judgment〕的组成部分，其副本交法院图书馆〔Bar Library〕存卷。
shorthand writers’ notes Read More »
cognovit note
cognovit note. A promissory note containing a cognovit clause. — Also termed judgment note. [Cases: Federal Civil Procedure 2396; Judgment 54. C.J.S. Judgments §§ 140, 143–144, 170.]
writ of sequestration
writ of sequestration. A writ ordering that a court be given custody of something or that something not be taken from the jurisdiction, such as the collateral for a promissory note. • Such a writ is usu. issued during litigation, often so that the object will be available for attachment or execution after judgment. [Cases:
writ of sequestration Read More »
extraordinary expense
An unusual or infrequent expense, such as a write-off of goodwill or a large judgment. • As used in a constitutional provision authorizing a state to incur extraordinary expenses, the term denotes an expense for the general welfare compelled by an unforeseen condition such as a natural disaster or war. — Also termed extraordinary item.
extraordinary expense Read More »
culpability
culpability (k[schwa]l-p[schwa]-bil-[schwa]-tee), n. Blameworthiness; the quality of being culpable. • Except in cases of absolute liability, criminal culpability requires a showing that the person acted purposely, knowingly, recklessly, or negligently with respect to each material element of the offense. See Model Penal Code § 2.02. “The concept of culpability is used as a reference point
reasonable person
reasonable person. 1. A hypothetical person used as a legal standard, esp. to determine whether someone acted with negligence; specif., a person who exercises the degree of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own and of others’ interests. • The reasonable person acts sensibly, does
restatement
Restatement. One of several influential treatises published by the American Law Institute describing the law in a given area and guiding its development. • The Restatements use a distinctive format of black-letter rules, official comments, illustrations, and reporter’s notes. Although the Restatements are frequently cited in cases and commentary, a Restatement provision is not binding
mill
mill. 1. A machine that grinds corn, grain, or other substances, esp. using a wheel and circular motion. • The substance ground in a mill is sometimes called grist, esp. when it is a grain. Courts sometimes refer to the grinding process as a metaphor for the judicial process (suits to collect on promissory notes
narr and cognovit law
narr-and-cognovit law (nahr-and-kahg-noh-vit). [Latin narratio “declaration” and cognovit “the person has conceded”] Hist. A law providing that a plaintiff will be granted judgment on a note through an attorney’s confession that the amount shown on the note, together with interest and costs, constitutes a legal and just claim. Cf. cognovit judgment under JUDGMENT; CONFESSION OF
narr and cognovit law Read More »