comparable accommodation. A standard used for determining the maximum allowable rent in rent-regulated housing. • In applying this standard, a court reviews the prevailing rent for substantially similar housing units in the same area. [Cases: Landlord and Tenant 200.24.]
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frankpledge. Hist. A promise given to the sovereign by a group of ten freeholders (a tithing) ensuring the group’s good conduct. • The frankpledge was of Saxon origin, but continued after the Norman Conquest. The members of the group were not liable for an injury caused by an offending member, but they did act as
A bill of exceptions that, in addition to the formal parts, contains only the court’s directions to the clerk to copy or insert necessary documents into the record for appellate review, but does not contain the actual evidence or trial-court rulings. • For example, the statement “the clerk will insert the official transcript here” is
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clearance. 1. Maritime law. The right of a ship to leave port, or the certificate issued by the port collector evi-dencing the ship’s right to leave port. [Cases: Shipping 7, 15. C.J.S. Shipping §§ 11, 18–20.] 2. The time that must elapse between runs of the same movie within a particular area; a theater’s exclusive
levy (lev-ee), n. 1. The imposition of a fine or tax; the fine or tax so imposed. — Also termed tax levy. [Cases: Taxation 295. C.J.S. Taxation § 423.] 2. The enlistment of soldiers into the military; the soldiers so enlisted. 3. The legally sanctioned seizure and sale of property; the money obtained from such
lost earning capacity. A person’s diminished earning power resulting from an injury. • This impairment is recoverable as an element of damages in a tort action. Cf. lost earnings under EARNINGS. [Cases: Damages 38. C.J.S. Damages § 56.] “To some extent the phrases ‘loss of earnings’ and ‘loss of earning capacity’ are used interchangeably. But
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outcome responsibility. The view that those who cause harm are responsible for it even in the absence of fault. Cf. strict liability under LIABILITY. “Outcome responsibility serves to foster a sense of identity because it does not stretch indefinitely into the future but enables each of us to claim for ourselves, or to share with
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A federal court’s refusal to review a state court’s decision in cases involving a complex reg-ulatory scheme and sensitive areas of state concern. Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098 (1943).
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irresistible-impulse test. Criminal law. A test for insanity, holding that a person is not criminally responsible for an act if mental disease prevented that person from controlling potentially criminal conduct. • The few jurisdictions that have adopted this test have combined it with the McNaghten rules. — Also termed control test; volitional test. See INSANITY
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