concerted action. An action that has been planned, arranged, and agreed on by parties acting together to further some scheme or cause, so that all involved are liable for the actions of one another. — Also termed concert of action. [Cases: Conspiracy 2, 24(1). C.J.S. Conspiracy §§ 9–15, 17, 113–116.]
ex facie (eks fay-shee-ee or -shee or -sh[schwa]). [Latin] Archaic. On the face of it; evidently; apparently. • The phrase typically referred to a defect appearing from the document itself, without further inquiry.
conceptum (k[schwa]n-sep-t[schwa]m). [Latin “seized”] Civil law. A theft in which the stolen item was searched for and found in someone’s possession and in the presence of witnesses. See furtum conceptum under FURTUM.
salvam fecit totius pignoris causam (sal-v[schwa]m fee-sit toh-shee-[schwa]s pig-n[schwa]-ris kaw-z[schwa]m). [Law Latin] Scots law. He furnished the means of saving the whole pledge. • On this basis a bottomry creditor posting the last bond obtained preference over the remaining bottomry creditors. See bottomry bond under BOND(2).
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primary-line injury. Antitrust. Under the price-discrimination provisions of the Robinson–Patman Act, the practice of charging below-cost, predatory prices in an attempt to eliminate the seller’s competition in the market. 15 USCA § 13(a). • A primary-line injury, which hinders or seeks to hinder competition among the seller’s competitors, is distinguishable from a secondary-line injury, which
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Pinkerton rule. Criminal law. The doctrine imposing liability on a conspirator for all offenses committed in furtherance of the conspiracy, even if those offenses are actually performed by coconspirators. Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180 (1946). [Cases: Conspiracy 41. C.J.S. Conspiracy §§ 134–137; RICO (Racketeer Influenced and Corrupt Organizations)§ 12.]
A single conspiracy in which each person is responsible for a distinct act within the overall plan, such as an agreement to produce, import, and distribute narcotics in which each person performs only one function. • All participants are interested in the overall scheme and liable for all other participants’ acts in furtherance of that
exoneretur (eg-zon-[schwa]-ree-t[schwa]r). Hist. [Latin “let him be relieved or discharged”] An entry made on a bailpiece whereby a surety is relieved or discharged from further obligation when the condition is fulfilled.
essoin (e-soyn), n. [fr. Old French essoi(g)ne “excuse”] Hist. 1. An excuse for not appearing in court on an appointed day in obedience to a summons. 2. The offering or presentation of such an excuse. — Also spelled essoign. “The first return-day of every term, properly speaking, is the first day of that term; and
independent advice. Counsel that is impartial and not given to further the interests of the person giving it. • Whether a testator or donor received independent advice before making a disposition is often an important issue in an undue-influence challenge to the property disposition. — Also termed proper independent advice.
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