war. 1. Hostile conflict by means of armed forces, carried on between nations, states, or rulers, or sometimes between parties within the same nation or state; a period of such conflict (the Gulf War). • A state of war may also exist without armed conflict; for example, the treaty formally ending the World War II […]
Hist. A trial in which, a record having been pleaded by one party and denied by the other, the record is inspected in order to decide the dispute, no other evidence being admissible. See NUL TIEL RECORD.
A written or oral expression indicating that the drawee has seen the instrument and does not dispute its sufficiency. • While a written acceptance is typically signified by the stamped or written word “ac-cepted” or “presented,” usu. on the instrument itself, an oral acceptance must be made directly to a drawer or holder who has
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tolling agreement. An agreement between a potential plaintiff and a potential defendant by which the defendant agrees to extend the statutory limitations period on the plaintiff’s claim, usu. so that both parties will have more time to resolve their dispute without litigation. [Cases: Limitation of Actions 14. C.J.S. Limitations of Actions § 25.]
penalty clause. A contractual provision that assesses against a defaulting party an excessive monetary charge unrelated to actual harm. • Penalty clauses are generally unenforceable. — Often shortened to penalty. — Also termed penal clause. Cf. LIQUIDATED-DAMAGES CLAUSE; LIMITATION-OF-REMEDIES CLAUSE . [Cases: Damages 76, 80. C.J.S. Damages §§ 176, 185–187, 190–192, 194.] “It not infrequently
privacy. The condition or state of being free from public attention to intrusion into or interference with one’s acts or decisions. autonomy privacy. An individual’s right to control his or her personal activities or intimate personal decisions without outside interference, observation, or intrusion. • If the individual’s interest in an activity or decision is fundamental,
A fact not directly connected to the issue in dispute, esp. because it involves a different transaction from the one at issue. [Cases: Evidence 99. C.J.S. Evidence §§ 2–5, 197–199, 204, 206.]
collector of decedent’s estate. A person temporarily appointed by a probate court to collect assets and payments due to a decedent’s estate, and to settle other financial matters requiring immediate attention. • A collector is often appointed to look after an estate when there is a will contest or a dispute about who should be
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Constitutions of Clarendon. Hist. A 12th-century statement of customary law, produced during the reign of Henry II, intended to limit the jurisdiction of the ecclesiastical courts and narrow the clergy’s exemption from secular justice. “During the first half of the twelfth century the claims of the church were growing, and the duty of asserting them
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good offices. Int’l law. The involvement of one or more countries or an international organization in a dispute between other countries with the aim of contributing to its settlement or at least easing relations between the disputing countries.