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without notice

without notice. Lacking actual or constructive knowledge. • To be a bona fide purchaser, one must buy something “without notice” of another’s claim to the item or of defects in the seller’s title. To be a holder in due course, one must take a bill or note “without notice” that it is overdue, has been […]

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derogatory clause

derogatory clause. 1. A statutory or contractual provision proclaiming that the document in which it appears, or a part of the document, cannot be repealed or amended. • Such provisions are considered ineffective. “The one thing a sovereign legislature cannot do is truncate its own sovereignty by restricting its successors. A parliament sovereign today must

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ex lege

ex lege (eks lee-jee orlay-gay). [Latin] By virtue of law; as a matter of law (property forfeited ex lege). “Antecedent rights ‘in personam’ … either arise or do not arise out of a contract…. In the latter case, since they arise from facts of various kinds to which it pleases the Law to affix similar

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casus foederis

casus foederis (kay-s[schwa]s fed-[schwa]r-is). [Latin “the case of the treaty” or “the case of the agreement”] 1. Int’l law. A provocative act by one nation toward another, entitling the latter to call upon an ally to fulfill the terms of an alliance. 2. A clause within a treaty of alliance specifying such provocative acts. 3.

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last employer rule

last-employer rule. The doctrine that liability for an occupational injury or illness falls to the employer that exposed the worker to the injurious substance just before the first onset of the disease or injury. — Also termed last-injurious-exposure rule. [Cases: Workers’ Compensation 201. C.J.S. Workmen’s Compensation §§ 120, 125–127.]

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falsa demonstratio

falsa demonstratio (fal-s[schwa] orfawl-s[schwa] dem-[schwa]n-stray-shee-oh).Roman law. A false designation; an erroneous description of a person or thing in a legal instrument. • Generally, a simple error in description, grammar, or spelling will not void an instrument or even a single provision in it (such as a bequest by will). — Also termed false demonstration.

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accession of the sovereign

accession of the sovereign 〈英〉英王继位 一旦在位英王崩世,其继承人立即自动成为君主。这是自爱德华四世〔Edward Ⅳ〕在位以来的既定规则,格言称之为「国王永生」〔The king never dies〕。根据1910年《继位文告法》〔Accession Declaration Act〕的规定,新国王应发布文告,但1937年《摄政法》〔Regency Act〕规定等到幼主满18岁时再发布继位文告。 (→Bill of Rights)

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