mandamus (man-day-m[schwa]s), n. [Latin “we command”] A writ issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. — Also termed writ of mandamus; mandate; (in BrE) order. [Cases: Mandamus 1. C.J.S. Mandamus §§ 2–6.] Pl. mandamuses. — mandamus, vb. alternative mandamus. A […]
contemplation of death. The thought of dying, not necessarily from imminent danger, but as the compelling reason to transfer property to another. See gift causa mortis under GIFT. [Cases: Gifts 59; Internal Revenue 4159(2). C.J.S. Internal Revenue § 514.]
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The failure of a party to speak after another party’s assertion of fact that, if untrue, would naturally compel a person to deny the statement. [Cases: Criminal Law 407; Evidence 220. C.J.S. Criminal Law § 887; Evidence §§ 390–393.]
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contributione facienda (kon-tri-byoo-shee-oh-nee fay-shee-en-d[schwa]). [Latin “writ for making contribu-tion”] Hist. A writ to compel a tenant in common to contribute to a fellow tenant who has paid more than the tenant’s share of a sum for which all the tenants are liable. “Contributione facienda is a writ that lieth in case where more are bound
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jus cogens (j[schwa]s koh-jenz), n. [Latin “compelling law”] 1. A mandatory or peremptory norm of general international law accepted and recognized by the international community as a norm from which no derogation is permitted. • A peremptory norm can be modified only by a later norm that has the same character. Cf. JUS DISPOSITIVUM. [Cases:
Public property that has by long tradition — as opposed to governmental designation — been used by the public for assembly and expression, such as a public street, public sidewalk, or public park. • To be constitutional, the government’s content-neutral restrictions of the time, place, or manner of expression must be narrowly tailored to serve
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reexecution. The equitable remedy by which a lost or destroyed deed or other instrument is replaced. • Equity compels the party or parties to execute a new deed or instrument if a claimant properly proves a right under one that has been lost or destroyed. [Cases: Lost Instruments 12.]