conciliation, n. 1. A settlement of a dispute in an agreeable manner. 2. A process in which a neutral person meets with the parties to a dispute and explores how the dispute might be resolved; esp., a relatively unstructured method of dispute resolution in which a third party facilitates communication between parties in an attempt […]
Justice between parties to a dispute, regardless of any larger principles that might be involved. — Also termed justice in personam.
stakeholder. 1. A disinterested third party who holds money or property, the right to which is disputed between two or more other parties. See INTERPLEADER. [Cases: Interpleader 13. C.J.S. Interpleader § 12.] 2. A person who has an interest or concern in a business or enterprise, though not necessarily as an owner. 3. One who
feigned issue. Hist. A proceeding in which the parties, by consent, have an issue tried by a jury without actually bringing a formal action. • The proceeding was done when a court either lacked jurisdiction or was unwilling to decide the issue. — Also termed fictitious issue. “The chancellor’s decree is either interlocutory or final.
darraign (d[schwa]-rayn), vb. [fr. Latin derationare; fr. French disrener] Hist. 1. To displace; to disarrange. 2. To respond to an accusation; to settle a dispute. — Also spelled deraign; dereyne.
de lana caprina (rixari) (dee lay-n[schwa] k[schwa]-prI-n[schwa] rik-sair-I). [Latin] Hist. To contend about a goat’s hair; to dispute about nothing.
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statement of facts. A party’s written presentation of the facts leading up to or surrounding a legal dispute, usu. recited toward the beginning of a brief. “The statement of facts is another of those critical parts of the brief …. Two principles are at war in drafting the statement of facts. First, judges want and
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A type of alternative dispute resolution whereby the parties hire a private individual to hear and decide a case. • This process may occur as a matter of contract between the parties or in connection with a statute authorizing such a process. — Also termed rent-a-judging.
case-or-controversy requirement. The constitutional requirement that, for a federal court to hear a case, the case must involve an actual dispute. See CONTROVERSY(3); advisory opinion under OPINION(1). [Cases: Federal Courts 12.] “The courts of the United States do not sit to decide questions of law presented in a vacuum, but only such questions as arise
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exchange, n. Commercial law. 1. The act of transferring interests, each in consideration for the other. [Cases: Exchange of Property 1. C.J.S. Exchange of Property §§ 2–3.] bargained-for exchange. See BARGAINED-FOR EXCHANGE. like-kind exchange. See LIKE-KIND EXCHANGE. tax-free exchange. See TAX-FREE EXCHANGE. 1031 exchange. See 1031 EXCHANGE. 2. Money or negotiable instruments presented as payment;