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hostile witness

A witness who is biased against the examining party, who is unwilling to testify, or who is identified with an adverse party. • A hostile witness may be asked leading questions on direct examination. Fed. R. Evid. 611(c). — Also termed adverse witness. See adverse party under PARTY(2). [Cases: Witnesses 244. C.J.S. Witnesses § 422.]

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break

break, vb. 1. To violate or disobey (a law) (to break the law). 2. To nullify (a will) by court proceeding (Samson, the disinherited son, successfully broke the will). 3. To escape from (a place of confinement) without permission (break out of prison). 4. To open (a door, gate, etc.) and step through illegally (he

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heralds’ college

Heralds’ College. A royal corporation responsible in England for granting and recording armorial insignia and genealogies, and for dealing with matters of precedence. • The College was founded by Richard III in 1484, is governed by the Earl Marshal, and consists of three kings of arms, six heralds, and four pursuivants. The heralds’ books, based

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nolle prosequi

nolle prosequi (nahl-ee prahs-[schwa]-kwI), n. [Latin “not to wish to prosecute”] 1. A legal notice that a lawsuit or prosecution has been abandoned. [Cases: Pretrial Procedure 511. C.J.S. Dismissal and Nonsuit §§ 30–32, 34–35.] 2. A docket entry showing that the plaintiff or the prosecution has abandoned the action. — Often shortened to nolle. [Cases:

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distributive deviation

distributive deviation. A trustee’s authorized or unauthorized departure from the express distributional terms of a trust. • A trustee must apply to the court for authority to deviate from the terms of a trust. In American law, courts rarely authorize deviation unless all the beneficiaries consent and there is no material purpose of the settlor

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Y2K warranty

abbr. Year 2000 warranty; a warranty that software, hardware, or a product having computer hardware or software components will function properly on and after January 1, 2000. • These warranties were common in the late 1990s. [Cases: Sales 284(1). C.J.S. Sales §§ 251, 253, 257.]

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