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decern

decern (di-s[schwa]rn), vb. Scots law. To decree; to give final judgment. “Before the judgment or interlocutor of any court in Scotland can be extracted, to the effect of warranting execution, it must import a decree. Hence, all extractable judgments close with the word ‘decern.’ ” William Bell, Bell’s Dictionary and Digest of the Law of […]

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cinque ports

Cinque Ports (singk ports). [Fr. “five ports”] The five English ports — Hastings, Romney, Hythe, Dover, and Sandwich — that were important defenses against French invasion. • They received special privileges and were obliged to furnish a certain number of ships for use in war. See COURT OF SHEPWAY. “Cinque ports … are those special

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countertrade

countertrade. A type of international trade in which purchases made by an importing nation are linked to off-setting purchases made by the exporting nation. “Countertrade is barter in modern clothes. It developed rapidly as a form of doing business with the USSR and Eastern European nations in the 1970s and 1980s, before the major economic

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voidable

voidable, adj. Valid until annulled; esp., (of a contract) capable of being affirmed or rejected at the option of one of the parties. • This term describes a valid act that may be voided rather than an invalid act that may be ratified. — Also termed avoidable. [Cases: Contracts 98, 136. C.J.S. Contracts §§ 137,

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coemptio

coemptio (koh-emp-shee-oh), n. [Latin] Roman law. A form of civil marriage in which the husband “purchased” from a woman’s father — by fictitious sale — the right to exercise marital power (manus) over the woman. • The father conveyed his daughter to her husband through the technical procedure of a sale of res mancipi. The

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claim preclusion

claim preclusion. See RES JUDICATA. “[T]he principal distinction between claim preclusion and issue preclusion is … that the former forecloses litigation of matters that have never been litigated. This makes it important to know the dimensions of the ‘claim’ that is foreclosed by bringing the first action, but unfortunately no precise definition is possible.” Charles

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