deviation doctrine. 1. A principle allowing variation from a term of a will or trust to avoid defeating the document’s purpose. 2. A principle allowing an agent’s activity to vary slightly from the scope of the principal’s permission. 3. Maritime law. The rule that a carrier loses the benefit of its limitations and exemptions under […]
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writ of protection. 1. A writ to protect a witness in a judicial proceeding who is threatened with arrest. 2. A writ exempting anyone in the Crown’s service from arrest in a civil proceeding for a year and a day.
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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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An offense that violates more than one law but that may require different proof so that an acquittal or conviction under one statute does not exempt the defendant from prosecution under another. [Cases: Double Jeopardy 134. C.J.S. Criminal Law § 253.]
A statute that exempts from liability a person (such as an off-duty physician) who voluntarily renders aid to another in imminent danger but negligently causes injury while rendering the aid. • Some form of good-samaritan legislation has been enacted in all 50 states and in the District of Columbia. — Also written Good Samaritan law.
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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.
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colorable, adj. 1. (Of a claim or action) appearing to be true, valid, or right (the pleading did not state a colorable claim). 2. Intended to deceive; counterfeit (the court found the conveyance of exempt property to be a colorable transfer, and so set it aside).
A type of deferred-compensation plan for employees of state and local governments and tax-exempt organizations that operates much like a 401(k) plan, but (except for governmental plans) is unfunded. IRC (26 USCA) § 457.
work-product rule. The rule providing for qualified immunity of an attorney’s work product from discovery or other compelled disclosure. Fed. R. Civ. P. 26(b)(3). • The exemption was primarily established to protect an attorney’s litigation strategy. Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947). — Also termed work-product immunity; work-product privilege; work-product exemption;
A provision in a statute exempting certain persons or conduct from the statute’s operation. [Cases: Statutes 228. C.J.S. Statutes §§ 370–372.]
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