general maritime law. The body of U.S. legal precedents and doctrines developed through caselaw in maritime and admiralty litigation. • General maritime law is a branch of federal common law. It is distinguished from statutory law. Cf. MARITIME LAW; LAW OF THE SEA. “The general maritime law is characterized by the expansive and dominant role […]
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Mathews v. Eldridge test. Constitutional law. The principle for determining whether an administrative procedure provides due-process protection, by analyzing (1) the nature of the private interest that will be affected by the governmental action, (2) the risk of an erroneous deprivation through the procedure used, (3) the probable value of additional or substitute procedural safeguards,
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Wills & estates. The percentage of a deceased spouse’s estate, set by statute, that a surviving spouse (or sometimes a child) may choose to receive instead of taking under a will or in the event of being unjustifiably disinherited. — Also termed forced share; statutory share; statutory forced share. See RIGHT OF ELECTION. [Cases: Wills
An inter vivos trust that receives property (usu. the residual estate) from a will upon the testator’s death. Cf. pourover will under WILL.
Jurisdiction over a claim that is part of the same case or controversy as another claim over which the court has original jurisdiction. • Since 1990, federal district courts have had supplemental jurisdiction, which includes jurisdiction over both ancillary and pendent claims. 28 USCA § 1367. See ancillary jurisdiction; pendent jurisdiction. [Cases: Courts 27; Equity
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A decedent’s property subject to administration by a personal representative. • The probate estate comprises property owned by the decedent at the time of death and property acquired by the decedent’s estate at or after the time of death. — Also termed probate property. See decedent’s estate under ESTATE(3). [Cases: Executors and Administrators 38–61; Wills
farmoutor (fahrm-ow-tor or -t[schwa]r). An oil-and-gas lessee who assigns the lease to another, who agrees to drill a well. — Also spelled farmouter. — Also termed farmor; farminor. [Cases: Mines and Minerals 74(8).C.J.S. Mines and Minerals §§ 318–319.]
compelling-state-interest test. Constitutional law. A method for determining the constitutional validity of a law, whereby the government’s interest in the law and its purpose is balanced against an individual’s constitutional right that is affected by the law. • Only if the government’s interest is strong enough will the law be upheld. The compelling-state-interest test is
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copyright-management information. The name and other identifying information about the creator, performer, or copyright owner of a creative work. See DIGITAL MILLENNIUM COPYRIGHT ACT.
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