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substantive law

substantive law (s[schwa]b-st[schwa]n-tiv). The part of the law that creates, defines, and regulates the rights, duties, and powers of parties. Cf. PROCEDURAL LAW. “So far as the administration of justice is concerned with the application of remedies to violated rights, we may say that the substantive law defines the remedy and the right, while the

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stint

stint. 1. English law. Limitation; restriction (a right to take fish from a canal without stint can exist as a profit in gross). “All these species, of pasturable common, may be and usually are limited as to number and time; but there are also commons without stint, and which last all the year.” 2 William

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discontinuance

discontinuance (dis-k[schwa]n-tin-yoo-[schwa]nts), n. 1. The termination of a lawsuit by the plaintiff; a voluntary dismissal or nonsuit. See DISMISSAL; NONSUIT(1); judgment of discontinuance under JUDGMENT. [Cases: Federal Civil Procedure 1691; Pretrial Procedure 501. C.J.S. Dismissal and Nonsuit §§ 2–7, 9–10, 12, 14–16, 24.] 2. The termination of an estate-tail by a tenant in tail who

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novalia

novalia (noh-vay-lee-[schwa]). [Law Latin “new lands” or “newly tilled land”] Scots law. Land newly cultivated. • Exemptions from paying teinds, or tithes, were sometimes granted for novalia.

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habendum clause

habendum clause (h[schwa]-ben-d[schwa]m). 1. The part of an instrument, such as a deed or will, that defines the extent of the interest being granted and any conditions affecting the grant. • The introductory words to the clause are ordinarily to have and to hold. — Also termed to-have-and-to-hold clause. [Cases: Deeds 120. C.J.S. Deeds §§

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resolution

resolution. 1. Parliamentary law. A main motion that formally expresses the sense, will, or action of a deliberative assembly (esp. a legislative body). • A resolution is a highly formal kind of main motion, often containing a preamble, and one or more resolving clauses in the form, “Resolved, That….” concurrent resolution. A resolution passed by

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infamis

infamis (in-fay-mis), adj. [Latin] Roman law. (Of a person or action) of ill-repute. • A person was automatically infamis if held liable for certain torts or breaches of fiduciary duty. This type of condemnation carried with it certain disabilities, such as disqualification from office or ineligibility to witness a formal transaction.

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