The rule providing for qualified immunity of an attorney’s work product from discovery or other compelled disclosure. Fed. R. Civ. P. 26(b)(3). • The exemption was primarily established to protect an attorney’s litigation strategy. Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947). — Also termed work-product immunity; work-product privilege; work-product exemption; attorney-work-product privilege. […]
excommunication, n. Eccles. law. A sentence of censure pronounced by a spiritual court for an offense falling under ecclesiastical cognizance; expulsion from religious society or community. • In England, an excommunicated person was formerly subject to various civil disabilities, such as an inability to be a juror, to be a witness in any court, or
A type of mortgage, formerly common in Wales and Ireland, by which the mortgagor, without promising to pay the debt, transfers title and possession of the property to the mortgagee, who takes the rents and profits and applies them to the interest, often with a stipulation that any surplus will reduce the principal. • The
resale-price maintenance. A form of price-fixing in which a manufacturer forces or persuades several different retailers to sell the manufacturer’s product at the same price, thus preventing competition. • Resale-price maintenance is per se illegal under antitrust law. But a manufacturer is permitted to suggest a retail price as long as it does not compel
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protestation (prot-[schwa]-stay-sh[schwa]n). 1. Common-law pleading. A declaration by which a party makes an oblique allegation or denial of some fact, claiming that it does or does not exist or is or is not legally sufficient, while not directly affirming or denying the fact. [Cases: Pleading 128.] “The practice of protestation of facts not denied arose
required-records doctrine. The principle that the privilege against self-incrimination does not apply when one is being compelled to produce business records that are kept in accordance with government regulations and that involve public aspects. • Some courts have held that certain medical records and tax forms fall within this doctrine and are thus not protected
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A communication that is protected by law from compelled disclosure in a legal pro-ceeding, or that cannot be used against the person who made it. • Examples include an informant’s communication to a government agency and statements made in a legislative session by a legislator. See PRIVILEGE(3). [Cases: Witnesses 84–223. C.J.S. Witnesses §§ 297–389.]
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willful, adj. Voluntary and intentional, but not necessarily malicious. — Sometimes spelled wilful. Cf. WANTON. — willfulness, n. “The word ‘wilful’ or ‘wilfully’ when used in the definition of a crime, it has been said time and again, means only intentionally or purposely as distinguished from accidentally or negligently and does not require any actual
Self-Incrimination Clause. The clause of the Fifth Amendment to the U.S. Constitution barring the government from compelling criminal defendants to testify against themselves. [Cases: Witnesses 299. C.J.S. Witnesses §§ 532–533.]
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supplicavit (s[schwa]p-li-kay-vit). Hist. A writ issued by the King’s Bench or Chancery for taking sureties of the peace, obligating a person to be on good behavior for a specified period. • It is commonly directed to the justices of the peace who are hesitant to intervene in their judicial capacities. See surety of the peace