collateral assurance
A pledge made in addition to the principal assurance of an agreement.
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composition
composition, n. 1. An agreement between a debtor and two or more creditors for the adjustment or discharge of an obligation for some lesser amount; an agreement among the debtor and two or more creditors that the debtor will pay the creditors less than their full claims in full satisfaction of their claims. • The
excommunicato recapiendo
excommunicato recapiendo (eks-k[schwa]-myoo-ni-kay-toh ri-kap-ee-en-doh). [Latin] Hist. Eccles. law. A writ commanding that an excommunicant — who had been committed to prison for obstinacy but who was unlawfully freed before agreeing to obey the church’s authority — should be found, retaken, and imprisoned again.
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tacit dedication
A dedication of property for public use arising from silence or inactivity and without an express agreement.
part performance doctrine
part-performance doctrine. The equitable principle by which a failure to comply with the statute of frauds is overcome by a party’s execution, in reliance on an opposing party’s oral promise, of an oral contract’s requirements. — Sometimes shortened to part performance. See part performance under PERFORMANCE. [Cases: Frauds, Statute of 129.] “Part performance is not
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cognation
cognation (kog-nay-sh[schwa]n), n. 1. Relationship by blood rather than by marriage; relationship arising through common descent from the same man and woman, whether the descent is traced through males or females. “ ‘Cognation’ is … a relative term, and the degree of connexion in blood which it indicates depends on the particular marriage which is
plea bargain
plea bargain, n. A negotiated agreement between a prosecutor and a criminal defendant whereby the defendant pleads guilty to a lesser offense or to one of multiple charges in exchange for some concession by the prosecutor, usu. a more lenient sentence or a dismissal of the other charges. — Also termed plea agreement; negotiated plea;
covenant not to execute
A covenant in which a party who has won a judgment agrees not to enforce it. • This covenant is most common in insurance law.
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probation
probation. 1. A court-imposed criminal sentence that, subject to stated conditions, releases a convicted person into the community instead of sending the criminal to jail or prison. Cf. PAROLE. [Cases: Sentencing and Punishment 1811.] — probationary, adj. bench probation. Probation in which the offender agrees to certain conditions or restrictions and reports only to the
stipulatio juris
stipulatio juris (stip-y[schwa]-lay-shee-oh joor-is). [Latin “stipulatio as to the law”] The parties’ agreement on a question of law or its applicability. • The court is not bound to accept the stipulation if it is erroneous. But the parties are allowed to stipulate the law to be applied to a dispute.