comity (kom-[schwa]-tee). 1. A practice among political entities (as nations, states, or courts of different jurisdictions), involving esp. mutual recognition of legislative, executive, and judicial acts. — Also termed comitas gentium; courtoisie internationale. See FEDERAL-COMITY DOCTRINE; JUDICIAL COMITY. Cf. AB-STENTION. “ ‘Comity,’ in the legal sense, is neither a matter of absolute obligation, on the […]
persona standi in judicio (p[schwa]r-soh-n[schwa] stan-dI in joo-dish-ee-oh). [Law Latin] 1. Capacity of standing in judgment; the right to appear in court. 2. One with personal standing to vindicate a legal right. “What persona standi is, may be more easily learned by considering the loss of it by civil death or outlawry …. But there
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premeditated, adj. Done with willful deliberation and planning; consciously considered beforehand (a premeditated killing). [Cases: Homicide 535; Sentencing and Punishment 1676.]
Latin. The language of the ancient Romans and a primary language of the civil and canon law, and formerly of the common law. — Abbr. L. “The value of the Latin has always consisted in its peculiar expressiveness as a language of law terms, in its superior conciseness which has made it the appropriate language
simony (sim-[schwa]-nee orsI-m[schwa]-nee), n. [fr. Latin simonia “payment for things spiritual,” fr. the proper name Simon Magus (see below)] Hist. Eccles. law. The unlawful practice of giving or receiving money or gifts in exchange for spiritual promotion; esp., the unlawful buying or selling of a benefice or the right to present clergy to a vacant
The general exemption of diplomatic ministers from the operation of local law, the exception being that a minister who is plotting against the security of the host nation may be arrested and sent out of the country. • A minister’s family shares in diplomatic immunity to a great, though ill-defined, degree. [Cases: Ambassadors and Consuls
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confirmation, n. 1. The act of giving formal approval (Senate confirmation hearings). [Cases: United States 35. C.J.S. United States §§ 23, 53, 56–57.] 2. The act of verifying or corroborating; a statement that verifies or corroborates (the journalist sought confirmation of the district attorney’s remarks). 3. The act of ratifying a voidable estate; a type
elective share. Wills & estates. The percentage of a deceased spouse’s estate, set by statute, that a surviving spouse (or sometimes a child) may choose to receive instead of taking under a will or in the event of being unjustifiably disinherited. — Also termed forced share; statutory share; statutory forced share. See RIGHT OF ELECTION.
detour, n. Torts. An employee’s minor deviation from the employer’s business for personal reasons. • Because a detour falls within the scope of employment, the employer is still vicariously liable for the employee’s actions. Cf. FROLIC. [Cases: Master and Servant 302(6); Workers’ Compensation 666. C.J.S. Employer–Employee Relationship §§ 221–222; Workmen’s Compensation § 399.]
mercenlage (m[schwa]r-s[schwa]n-law). [fr. Saxon myrcnalag] The law of the Mercians. • This was one of the three principal legal systems prevailing in England at the beginning of the 11th century. It was observed in many midland counties and those bordering on Wales. — Also spelled merchenlage (m[ schwa]r-sh[schwa]n-law). — Also termed lex merciorum (leks m[schwa]r-shee-or-[schwa]m);