A suit conducted according to the common law or equity, as distinguished from statutory provisions. • Under the current rules of practice in federal and most state courts, the term civil action embraces an action both at law and in equity. Fed. R. Civ. P. 2. See action at law under ACTION(4).
D’Oench Duhme doctrine (dench doom). The rule that estops a borrower from asserting a claim or defense against a federal successor to a failed financial institution — if the claim or defense is based on a side or secret agreement or representation — unless the agreements or representations have been (1) put into writing, (2)
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An agreement to further common interests made between related people or within a group that behaves as a family. • Historically, some international treaties among nations ruled by monarchs have been called family compacts because of intermarriage among the royal houses.
exculpatory-no doctrine. Criminal law. The principle that a person cannot be charged with making a false statement for falsely denying guilt in response to an investigator’s question. • This doctrine is based on the Fifth Amendment right against self-incrimination. But the U.S. Supreme Court has overruled this doctrine in federal law. Brogan v. United States,
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lese majesty (leez maj-[schwa]s-tee). [Law French “injured majesty”] 1. A crime against the state, esp. against the ruler. — Also termed laesa majestas; crimen laesae majestatis; crimen majestatis. See crimen majestatis under CRIMEN; TREASON. 2. An attack on a custom or traditional belief. — Also spelled lèse-majesté; lèse majesty; leze majesty.
collateral-contract doctrine. The principle that in a dispute concerning a written contract, proof of a second (usu. oral) agreement will not be excluded under the parol-evidence rule if the oral agreement is independent of and not inconsistent with the written contract, and if the information in the oral agreement would not ordinarily be ex-pected to
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tack, n. Scots law. A deed creating a lease of land or other immovable property for an annual rent payable in money, services, or fruits produced on the land. • The lessee may be referred to as a tacksman or tackswoman. — tack, vb. tack, vb. 1. To add (one’s own period of land possession)
corporate-opportunity doctrine. The rule that a corporation’s directors, officers, and employees are precluded from using information gained as such to take personal advantage of any business opportunities that the corporation has an expectancy right or property interest in, or that in fairness should otherwise belong to the corporation. • In a partnership, the analogous principle
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An administrative agency’s power to engage in rulemaking. 5 USCA § 553. [Cases: Administrative Law and Procedure 106, 385. C.J.S. Public Administrative Law and Procedure §§ 10, 88, 91.]
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reasonable-expectation doctrine. Insurance. The rule that resolves an insurance-policy ambiguity in favor of the insured’s reasonable expectations. [Cases: Insurance 1817. C.J.S. Insurance § 363.]
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