forum non conveniens (for-[schwa]m non k[schwa]n-vee-nee-enz). [Latin “an unsuitable court”] Civil procedure. The doctrine that an appropriate forum — even though competent under the law — may divest itself of jurisdiction if, for the convenience of the litigants and the witnesses, it appears that the action should proceed in another forum in which the action […]
forum non conveniens Read More »
Mapp hearing. Criminal procedure. A hearing held to determine whether evidence implicating the accused was obtained as the result of an illegal search and seizure, and should therefore be suppressed. Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684 (1961). [Cases: Criminal Law 394. 6. C.J.S. Criminal Law § 794.]
bad faith, n. 1. Dishonesty of belief or purpose (the lawyer filed the pleading in bad faith). — Also termed mala fides (mal-[schwa] fI-deez). “A complete catalogue of types of bad faith is impossible, but the following types are among those which have been recognized in judicial decisions: evasion of the spirit of the bargain,
protection money. 1. A bribe paid to an officer as an inducement not to interfere with the criminal activities of the briber. • Examples include payments to an officer in exchange for the officer’s releasing an arrestee, removing records of traffic violations from a court’s files, and refraining from making a proper arrest. [Cases: Bribery
territorialism. The traditional approach to choice of law, whereby the place of injury or of contract formation determines which state’s law will be applied in a case. See CHOICE OF LAW.
sacramentum decisionis (sak-r[schwa]-men-t[schwa]m di-sizh-ee-oh-nis). [Latin “the oath of decision”] Civil law. The offer by one party to accept the opposing party’s oath as decisive of the issues involved in a lawsuit. Pl. sacramenta decisionis. “The defendant or person accused was … to make oath of his own innocence, and to produce a certain number of
sacramentum decisionis Read More »
disregard, n. 1. The action of ignoring or treating without proper respect or consideration. 2. The state of being ignored or treated without proper respect or consideration. — disregard, vb. reckless disregard. 1. Conscious indifference to the consequences of an act. [Cases: Automobiles 175(1); Negligence 274. C.J.S. Motor Vehicles §§ 756–766; Negligence§§ 104–105, 109.] 2.
petition, n. 1. A formal written request presented to a court or other official body. certiorari petition. A petition seeking discretionary review from an appellate court. See CERTIORARI. debtor’s petition. See voluntary petition. involuntary petition. A petition filed in a bankruptcy court by a creditor seeking to declare a debtor bankrupt. • This type of
case plan. A written procedure for the care and management of a child who has been removed from his or her home and placed in foster care or in an institution. • The case plan includes (1) a description of the place where the child has been placed, (2) a plan for providing the child