in being. Existing in life (life in being plus 21 years). • In property law, this term includes children conceived but not yet born. — Also termed in esse. See LIFE IN BEING. “The intentional killing of one not ‘in being,’ i.e. an unborn child, was until 1929 punishable neither as murder nor as infanticide. […]
de odio et atia (dee oh-dee-oh et ay-shee-[schwa]), n. [Law Latin “of hatred and malice”] Hist. A writ ordering a sheriff to summon a 12-member jury to inquire whether a prisoner jailed for murder was charged for a good reason or only because of ill-will and to determine whether bail should be set. • If
brevi manu (bree-vIman-yoo), adv. [Latin “with a short hand”] Roman & civil law. 1. Directly; by the shortest route. 2. Without a legal warrant; on one’s own authority. • In Roman law, the term referred to the contractual transfer (traditio) of ownership of an item to one who already had physical control of the item.
statute staple. Hist. 1. A 1353 statute establishing procedures for settling disputes among merchants who traded in staple towns. • The statute helped merchants receive swift judgments for debt. Cf. STATUTE MERCHANT. 2. A bond for commercial debt. • A statute staple gave the lender a possessory right in the land of a debtor who
subjection. 1. The act of subjecting someone to something (their subjection to torture was unconscionable). 2. The condition of a subject in a monarchy; the obligations surrounding such a person (a subject, wherever residing, owes fidelity and obedience to the Crown, while an alien may be released at will from all such ties of subjection).
A now-illegal verdict, arrived at by hazard or lot. — Also termed gambling verdict; verdict by lot. [Cases: Criminal Law 798(2), 866; Federal Civil Procedure 1974.1. C.J.S. Criminal Law §§ 1372, 1381.]
conscious-presence test. A method for judging whether a testator is in the presence of a witness to a will, whereby if the testator can sense the presence of the witness — even if the witness cannot be seen — the witness is present. Restatement (Third) of Property: Wills and Other Donative Transfers § 3.1 (1999).
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A worker’s inability to perform all the duties that he or she could do before an accident or illness, even though the worker can still engage in some gainful activity on the job. [Cases: Workers’ Compensation 856–859. C.J.S. Workmen’s Compensation §§ 562–564, 566.]
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gifting club. A type of pyramid scheme or Ponzi scheme in which recruits make “gifts” of money to other club members with the expectation that future recruits will make “gifts” to the present recruits. • Many gifting clubs limit membership to women. Club leaders usu. try to evade income-tax laws by claiming that the money