Search Results for: RULE, THE

notice to appear

notice to appear. A summons or writ by which a person is cited to appear in court. • This is an informal phrase sometimes used to refer to the summons or other initial process by which a person is notified of a lawsuit. The Federal Rules of Civil Procedure require the summons to state that […]

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pair

pair. Parliamentary law. Two voters, usu. legislators, on opposite sides of an issue who agree that they will abstain if either cannot vote on the issue. • A pair is usu. announced and recorded. “In a legislative body it is a rule that no member can vote who is not present when the question is

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hazard

hazard, n. 1. Danger or peril; esp., a contributing factor to a peril. See PERIL. extraordinary hazard. Workers’ compensation. An unusual occupational danger that is increased by the acts of employees other than the injured worker. — Also termed extraordinary danger. [Cases: Workers’ Compensation 511–520, 678. C.J.S. Workmen’s Compensation §§ 288–304, 338, 409, 420, 424.]

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disqualification

disqualification, n. 1. Something that makes one ineligible; esp., a bias or conflict of interest that prevents a judge or juror from impartially hearing a case, or that prevents a lawyer from representing a party. [Cases: Judges 39; Jury 97. C.J.S. Judges §§ 62, 98, 100–102, 107; Juries §§ 225, 248, 370–373, 378–379, 398–399, 415,

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characterization

characterization. 1. Conflict of laws. The classification, qualification, and interpretation of laws that apply to the case. — Also termed qualification; classification; interpretation. [Cases: Action 17. C.J.S. Actions §§ 18–20; Conflict of Laws §§ 2–3, 12, 15, 20, 23, 27–32, 34–40, 42–48, 50–65, 96–97, 100, 102, 105–107.] “In a conflict-of-laws situation, a court must determine

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mundium

mundium (m[schwa]n-dee-[schwa]m). [Law Latin] The legal protection and representation granted to a person who is socially and physically weak. “In a society of persons in which the authority to maintain the law was in the hands of its members, and of which the membership rested on the ability to bear arms and defend oneself (‘weer’),

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a posteriori

a posteriori (ay pos-teer-ee-or-Ior ah pos-teer-ee-or-ee), adv. [Latin “from what comes after”] Inductively; from the particular to the general, or from known effects to their inferred causes (as a legal analyst, she reasoned a posteriori — from countless individual cases to generalized rules that she finally applied). Cf. A PRIORI. — a posteriori, adj.

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integration clause

integration clause. A contractual provision stating that the contract represents the parties’ complete and final agreement and supersedes all informal understandings and oral agreements relating to the subject matter of the contract. — Also termed merger clause; entire-agreement clause. See INTEGRATION(2); PAROL-EVIDENCE RULE. [Cases: Contracts 245; Evidence 397(2). C.J.S. Contracts § 416; Evidence §§ 1159–1160,

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