metus perjurii (mee-t[schwa]s p[schwa]r-juur-ee-I). [Law Latin] Scots law. The fear of perjury. “On this ground the evidence of the parties to a cause, and that of their relatives, was formerly excluded. It was feared that their own, or their relatives’, interest in the result of the cause might lead them to give false evidence, in […]
An agreement in which countries submit all or a definite class of disputes that may arise between them to an arbitral institution, a court, or an ad hoc arbitral tribunal by concluding a general arbitration treaty or by including an arbitration clause in a treaty. — Also termed abstract compromis; anticipated com-promis.
punishable, adj. 1. (Of a person) subject to a punishment (there is no dispute that Jackson remains punishable for these offenses). 2. (Of a crime or tort) giving rise to a specified punishment (a felony punishable by imprisonment for up to 20 years). — punishability, n.
cognitio extraordinaria (kog-nish-ee-oh ek-stror-di-nair-ee-[schwa] or ek-str[schwa]-or-). [Latin] Roman law. A type of legal proceeding, arising at the beginning of the Empire, in which a government official controlled the conduct of a trial from beginning to end, as opposed to the earlier formulary system in which a magistrate shaped the issues and then turned the issues
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Hist. 1.A day when neighbors amicably settled a dispute. 2. A day when one neighbor helped another without payment.
Arbitration that involves settling the terms of a contract being negotiated between the parties; esp., in labor law, arbitration of a dispute concerning what provisions will be included in a new collective-bargaining agreement. • When the parties cannot agree on contractual terms, an arbitrator decides. This type of arbitration is most common in public-sector collective
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non deficit jus sed probatio (non def-[schwa]-sit j[schwa]st sed proh-bay-shee-oh). [Latin] Scots law. The right is not lacking, but the proof of it. • The phrase appeared in reference to the principle that many rights, both disputed and sometimes undisputed, require a special mode of proof, such as a written document.
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1. Generally, a change from a customary or agreed-on course of action. 2.Employment lawA departure from one’s course of employment to tend to a personal matter. • A deviation from the course of employment may be an issue in disputes about workers’ compensation or about the employer’s tort liability to third parties based on the
course of dealing. An established pattern of conduct between parties in a series of transactions (e.g., multiple sales of goods over a period of years). • If a dispute arises, the parties’ course of dealing can be used as evidence of how they intended to carry out the transaction. Cf. COURSE OF PERFORMANCE ; trade
Hist. A manorial court with jurisdiction over amounts in controversy of 40 shillings or less. • Ac-cording to some authorities, the court baron developed into two courts: the customary court baron for disputes involving copyholders, and the court baron proper (also known as the freeholders’ court baron), in which free-holders were allowed to hold court
COURT BARON court baron Read More »