A request suggesting that the meeting or a member is not following the applicable rules and asking the chair to enforce the rules. • Some organizations use the term “point of order” as a generic term that also includes a parliamentary inquiry and a question of privilege. — Also termed question of order. See parliamentary […]
affirmance, n. 1. A ratification, reacceptance, or confirmation. “A party who has the power of avoidance may lose it by action that manifests a willingness to go on with the contract. Such action is known as ‘affirmance’ and has the effect of ratifying the contract. See Restatement of Restitution § 68. The rule stated in
res gestae (rays jes-tee alsojes-tI), n. pl.[Latin “things done”] The events at issue, or other events contemporaneous with them. • In evidence law, words and statements about the res gestae are usu. admissible under a hearsay exception (such as present sense impression or excited utterance). Where the Federal Rules of Evidence or state rules fashioned
merger doctrine. 1. Copyright. The principle that since an idea cannot be copyrighted, neither can an expression that must inevitably be used in order to express the idea. • When the idea and expression are very difficult to separate, they are said to merge. For example, courts have refused copyright protection for business-ledger forms (Baker
ad coelum doctrine. The common-law rule that a landowner holds everything above and below the land, up to the sky and down to the earth’s core, including all minerals. • This rule governs ownership of “hard” (immovable) minerals such as coal, but not “fugacious” (volatile) minerals such as oil and gas. Cf. RULE OF CAPTURE.
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raise a question of privilege. To offer a question of privilege to be considered by the meeting or ruled on by the chair. See question of privilege under QUESTION(3).
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hetaerarcha (het-[schwa]r-ahr-k[schwa]), n. [Greek hetaera “companion” + archein “to rule”] Roman law. The head of a society, corporation, or college.
legislative-equivalency doctrine. The rule that a law should be amended or repealed only by the same procedures that were used to enact it. [Cases: Statutes 129, 149. C.J.S. Statutes §§ 143–144, 243, 246, 250, 276–278.]
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sole-actor doctrine. Agency. The rule charging a principal with knowledge of the agent’s actions, even if the agent acted fraudulently. [Cases: Principal and Agent 177(1), 180–182. C.J.S. Agency §§ 433–435, 440–444, 446, 493, 502, 528, 534.]
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An objection that contains more information (often in the form of argument) than needed by the judge to sustain or overrule it. • Many judges prohibit lawyers from using speaking objections, and sometimes even from stating the grounds for objections, because of the potential for influencing the jury.
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