vagueness. 1. Uncertain breadth of meaning (the phrase “within a reasonable time” is plagued by vagueness — what is reasonable?). • Though common in writings generally, vagueness raises due-process concerns if legislation does not provide fair notice of what is required or prohibited, because enforcement may be arbitrary. 2. Loosely, ambiguity. See AMBIGUITY.
The alteration of the charging terms of an indictment, either literally or in effect, after the grand jury has made a decision on it. • The indictment usu. cannot be amended at trial in a way that would prejudice the defendant by having a trial on matters that were not contained in the indictment. To
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inheritance. 1. Property received from an ancestor under the laws of intestacy. [Cases: Descent and Distribution 1, 8. C.J.S. Descent and Distribution §§ 1–5, 9–12; Right of Privacy and Publicity§ 42.] 2. Property that a person receives by bequest or devise. dual inheritance. An adopted child’s intestate inheritance through both his adopted family and his
last-in-time-marriage presumption. Family law. A presumption that the most recently contracted marriage is valid. • This presumption generally arises in a situation similar to this: A person, believing himself or herself to be divorced, remarries. This person dies, and the new spouse makes a claim for the decedent’s pension benefits. Then a former spouse, claiming
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A trademark or servicemark used by an association, union, or other group either to identify the group’s products or services or to signify membership in the group. • Collective marks — such as “Realtor” and “American Peanut Farmers” — can be federally registered under the Lanham Act. — Also termed collective mark. Cf. certification trademark.
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bork (bork), vb. Slang. 1. (Of the U.S. Senate) to reject a nominee, esp. for the U.S. Supreme Court, on grounds of the nominee’s unorthodox political and legal philosophy. • The term derives from the name of Robert Bork, President Ronald Reagan’s unsuccessful nominee for the Supreme Court in 1987. 2. (Of political and legal
expert, n. A person who, through education or experience, has developed skill or knowledge in a particular subject, so that he or she may form an opinion that will assist the fact-finder. Fed. R. Evid. 702. See DAUBERT TEST. [Cases: Criminal Law 478–480; Evidence 535–546. C.J.S. Criminal Law §§ 1070–1071; Evidence §§ 521, 523–527, 599–600,
A provision in some commercial general liability policies, excluding coverage for injury to an employee (or a member of the employee’s family), arising from and in the course of employment with the insured. • This exclusion is generally intended to exclude from coverage all injuries covered by the workers’-compensation laws. [Cases: Insurance 2278(11–12).]
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viva voce (vI-v[schwa] voh-see alsovee-v[schwa]), adv. [Law Latin “with living voice”] By word of mouth; orally. • In reference to votes, the term means that a voice vote was held rather than a vote by ballot. In reference to the examination of witnesses, the term means that oral rather than written testimony was taken. See
An improvement whose primary purpose or effect is to benefit the public generally, though it may incidentally benefit property owners in its vicinity.
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