intertwining doctrine. The principle that if arbitrable and nonarbitrable claims arise from a single transaction and the claims are factually and legally mingled, a court can refuse to compel arbitration of any claims. • This doctrine is of limited effect because the Federal Arbitration Act usu. preempts it.
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Amish exception. An exemption of the Amish from compulsory-school-attendance laws under the Free Exercise Clause of the First Amendment. • In Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526 (1972), the Supreme Court held that Amish children could not be compelled to attend high school even though they were within the age range of
A trust, usu. honorary, that is established for the care and maintenance of a particular animal or group of animals. • Pet trusts are generally invalid because animals are incapable of compelling a trustee to act, and animals have no standing in law. Effectively, the trust has no beneficiary. But some states (e.g., Colorado) statutorily
murdrum (m[schwa]r-dr[schwa]m). [Law Latin] Hist. 1. The secret killing of someone. 2. A fine against the tithing where the secret and unsolved homicide took place. “The readiness with which the Norman administrators seized on this Anglo-Saxon system was probably due to its effectiveness in collecting the murdrum, the murder fine. In ordinary cases of homicide,
strict scrutiny. Constitutional law. The standard applied to suspect classifications (such as race) in equal-protection analysis and to fundamental rights (such as voting rights) in due-process analysis. • Under strict scrutiny, the state must establish that it has a compelling interest that justifies and necessitates the law in question. See COMPELLING-STATE-INTEREST TEST T; SUSPECT CLASSIFICATION;
jury process. 1. The procedure by which jurors are summoned and their attendance is enforced. [Cases: Jury 67. C.J.S. Juries § 319.] 2. The papers served on or mailed to potential jurors to compel their attendance.
distringas juratores (di-string-gas joor-[schwa]-tor-eez), n. [Law Latin “you are to distrain the jurors”] Hist. A writ ordering the sheriff to distrain jurors or their property to compel their appearance before the judges of assize and nisi prius for jury duty on an appointed day.
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extortion, n. 1. The offense committed by a public official who illegally obtains property under the color of office; esp., an official’s collection of an unlawful fee. — Also termed common-law extortion. [Cases: Extortion and Threats 1.] “The dividing line between bribery and extortion is shadowy. If one other than the officer corruptly takes the
A respite in which some of the creditors are compelled by a court to give the same extension of time that the other creditors have agreed to.
Immunity from the use of the compelled testimony against the witness. • Any information derived from that testimony, however, is generally admissible against the witness. [Cases: Criminal Law 42; Witnesses 304. C.J.S. Criminal Law §§ 78–86; Witnesses § 555.]
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