dead man’s part. 1. Archaic. By custom in certain places, the portion of a dead man’s estate set aside for mass services; later, that portion set aside as payment for the administrator. • That portion ranged from one-third (if the deceased had a wife and children) to the entire estate (if the deceased had no […]
unity of art. Copyright. The inseparable nature of utilitarian and functional aspects of applied art. • France uses the unity-of-art approach to applied art and industrial design, but stops short of protecting strictly utilitarian design under copyright. — Also termed cumulative approach. Cf. DUALITY OF ART.
A charter under which the shipowner surrenders possession and control of the vessel to the charterer, who then succeeds to many of the shipowner’s rights and obligations. • The charterer, who provides the personnel, insurance, and other materials necessary to operate the vessel, is known either as a demise charterer or as an owner pro
particeps criminis (pahr-t[schwa]-seps krim-[schwa]-nis), n. [Latin “partner in crime”] 1. An accomplice or accessory. See ACCESSORY. Pl. participes criminis (pahr-tis-[schwa]-peez). [Cases: Criminal Law 59, 68. C.J.S. Criminal Law §§ 127, 137, 998.] “The courts of justice will allow the objection that the consideration of the contract was immoral or illegal to be made even by
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The regular judicial term in which a party is required to appear, usu. the first one after legal service has been made.
shipper. 1. One who ships goods to another. 2. One who contracts with a carrier for the transportation of cargo. • As a legal term of art, the shipper may not be the person who owns the cargo, but an agent or an independent contractor. Cf. CARRIER(1). [Cases: Carriers 3, 41. C.J.S. Aeronautics and Aerospace
malitia (m[schwa]-lish-ee-[schwa]). [Latin “malice”] Hist. An actual evil design; express malice. • Malitia originally signified general wrongdoing, and did not describe a wrongdoer’s state of mind; malitia praecogitata, for example, indicated only the seriousness of the offense, though it was eventually rendered malice aforethought. malitia capitalis (m[schwa]-lish-ee-[schwa] kap-i-tay-lis). [Latin] Hist. Deadly malice. malitia excogitata (eks-koj-[schwa]-tay-t[schwa]).
serf. Hist. A person in a condition of feudal servitude, bound to labor at the will of a lord; a villein. • Serfs differed from slaves in that they were bound to the native soil rather than being the absolute property of a master. “As the categories became indistinct, the more abject varieties of slavery
A term of art formerly required to transfer complete title (a fee simple absolute) to real estate [A conveys Blackacre to B and his heirs]. • This phrasing originated in the translation of a Law French phrase used in medieval grants (a lui et a ses heritiers pour toujours “to him and his heirs forever”).
Archaic. A lineal descendant of the decedent, excluding a surviving spouse, adopted children, and collateral relations. • The term of art heirs of the body was formerly used to create a fee tail [A conveys Blackacre to B and the heirs of his body]. — Also termed bodily heir. [Cases: Descent and Distribution 25. C.J.S.