sicut alias (sI-k[schwa]t ay-lee-[schwa]s), n. [Latin “as at another time”] Hist. A second writ issued when the first one was not executed. “But where a defendant absconds, and the plaintiff would proceed to an outlawry against him, an original writ must then be sued out regularly, and after that a capias. And if the sheriff […]
inverse-order-of-alienation doctrine. The principle that if one has not collected on the mortgage or lien on a property sold off in successive parcels, one may collect first from the parcel still held by the original owner, then from the parcel sold last, then next to last, and so on until the amount has been satisfied.
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Murder that is not aggravated by any of the circumstances of first-degree murder. — Also termed murder of the second degree; murder two. [Cases: Homicide 544.]
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primogeniture (prI-m[schwa]-jen-[schwa]-ch[schwa]r). 1. The state of being the firstborn child among siblings. 2. The common-law right of the firstborn son to inherit his ancestor’s estate, usu. to the exclusion of younger siblings. — Also termed (in sense 2) primogenitureship. See BOROUGH ENGLISH . [Cases: Descent and Distribution 7.] “If by primogeniture we only mean ‘that
declaratory theory. The belief that judges’ decisions never make law but instead merely constitute evidence of what the law is. • This antiquated view — held by such figures as Coke and Blackstone — is no longer accepted. “There are … at least three good reasons why the declaratory theory should have persisted for some
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negotiable instrument. A written instrument that (1) is signed by the maker or drawer, (2) includes an unconditional promise or order to pay a specified sum of money, (3) is payable on demand or at a definite time, and (4) is payable to order or to bearer. UCC § 3-104(a). — Also termed negotiable paper;
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conjunctim (k[schwa]n-j[schwa]ngk-tim), adv. [Latin] Roman law. Conjointly. • Heirs instituted con-junctim, for example, became coheirs with equal shares. Cf. DISJUNCTIM.
casus omissus (kay-s[schwa]s [schwa]-mis-[schwa]s). [Latin “case omitted”] A situation not provided for by a statute or contract, and therefore governed by caselaw or new judge-made law. Pl. casus omissi. Cf. CASUS(2). [Cases: Statutes 186. C.J.S. Statutes § 320.] “At times a state of war appears to exist between the courts and the parliamentary draftsman. The
Anticybersquatting Consumer Protection Act. Trademarks. A 1999 federal law authorizing a trademark owner to obtain a federal-court order transferring ownership of a domain name from a cybersquatter to the trademark owner. • A mark’s owner must show that (1) the mark and the domain name are identical or confusingly similar; (2) the mark was distinctive
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A lien that is superior to one or more other liens on the same property, usu. because it was perfected first. — Also termed priority lien.