adverse authority
Authority that is unfavorable to an advocate’s position. • Most ethical codes require counsel to disclose adverse authority in the controlling jurisdiction even if the opposing counsel has not cited it.
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adverse dominion
adverse dominion. 1. See ADVERSE-DOMINATION DOCTRINE. 2. Torts. Rare. The unlawful exercise of authority or control over goods so that the true owner is dispossessed. See CONVERSION(2). 3. Rare. ADVERSE POSSESSION. [Cases: Limitation of Actions 58(4, 5). C.J.S. Limitations of Actions § 205.]
opportunity to be heard
opportunity to be heard. The chance to appear in a court or other tribunal and present evidence and argument before being deprived of a right by governmental authority. • The opportunity to be heard is a fundamental requirement of procedural due process. It ordinarily includes the right to receive fair notice of the hearing, to
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joint custody
An arrangement by which both parents share the responsibility for and authority over the child at all times, although one parent may exercise primary physical custody. • In most jurisdictions, there is a rebuttable presumption that joint custody is in the child’s best interests. Joint-custody arrangements are favored unless there is so much animosity between