pretermitted-heir statute. A state law that, under certain circumstances, grants an omitted heir the right to inherit a share of the testator’s estate, usu. by treating the heir as though the testator had died intestate. • Most states have a pretermitted-heir statute, under which an omitted child or spouse receives the same share of the […]
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Knowledge gained through firsthand observation or experience, as distinguished from a belief based on what someone else has said. • Rule 602 of the Federal Rules of Evidence requires lay witnesses to have personal knowledge of the matters they testify about. An affidavit must also be based on personal knowledge, unless the affiant makes it
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almoner (al-m[schwa]-n[schwa]r). A person charged with distributing the alms of a monarch, religious house, or other institution. • This office was first instituted in religious houses and although formerly one of importance is now almost a sinecure.
curia (kyoor-ee-[schwa]), n. [Latin] 1. Roman law. One of 30 divisions (three tribes of ten curiae) into which the Roman people were said to be divided by Romulus. See comitia curiata under COMITIA. 2. Roman law. A legislative gathering, esp. of the Roman Senate; the building used for the gathering. 3. Hist. A judicial tribunal
American Society of Writers on Legal Subjects. The formal name for Scribes, an association of lawyers dedi-cated to the improvement of legal writing. Founded in 1953, it sponsors annual writing competitions and publishes The Scribes Journal of Legal Writing, the first journal devoted exclusively to legal writing.
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Louisiana law. The designation of a person who is not a trustee to take full ownership of property and deliver it to another designated person at death. • The first donee is called the institute, the second the substitute. See INSTITUTE(5); SUBSTITUTE(2).
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senatus consultum (si-nay-t[schwa]s k[schwa]n-s[schwa]l-t[schwa]m). [Latin] Roman law. In the Republic, a resolution of the Roman Senate, which did not have the force of law (though usu. followed). • In the first century A.D., these resolutions replaced the legislation of the comitia, but by the end of the second century, they were merely the Senate’s official
An appeal for which permission must first be obtained from the reviewing court. — Also termed appeal by leave. [Cases: Appeal and Error 358. C.J.S. Appeal and Error §§ 63, 81, 298–299, 312.]
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Third World. Int’l law. 1. DEVELOPING COUNTRY. 2. The group of nations (esp. in Africa and Asia) not aligned with major powers, whether Western democracies (i.e., the First — or Free — World) or countries that were formerly part of the Soviet bloc (i.e., the Second World). • Although Third World nations are often underdeveloped,
a lui et a ses heritiers pour toujours (a lwee ay a sayz e-ree-tyay poor too-zhoor). [Law French] To him and his heirs forever. See and his heirs under HEIR.
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