A forward-looking order that applies to all cases pending before a court. • Some individual judges issue a standing order on a subject when there is no local rule bearing on it, often because a rule would not be acceptable to other judges on the court. Standing orders are frequently criticized because they undermine uniformity […]
merces (m[schwa]r-seez), n. [Latin] Roman law. 1. An agreed payment for a thing or services specifically contracted for; rent, hire. “There must be consent, a thing let, and an agreed payment (merces) …. The merces must be certain and Justinian’s texts say that, as in sale, it must be money. But there is not the
interstate law. 1. INTERNATIONAL LAW. 2. The rules and principles used to determine controversies between residents of different states.
A court’s dismissal of a lawsuit because the plaintiff failed to prosecute or failed to comply with a procedural rule or court order. Fed. R. Civ. P. 41(b). [Cases: Federal Civil Procedure 1721–1842; Pretrial Procedure 551–602. C.J.S. Dismissal and Nonsuit §§ 43, 49–73.]
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praecipe (pree-s[schwa]-pee orpres-[schwa]-pee), n. [Latin “command”] 1. At common law, a writ ordering a defendant to do some act or to explain why inaction is appropriate. — Also termed writ of praecipe. 2. A written motion or request seeking some court action, esp. a trial setting or an entry of judgment. — Also spelled precipe.
motion for more definite statement. A party’s request that the court require an opponent to amend a vague or ambiguous pleading to which the party cannot reasonably be required to respond. Fed. R. Civ. P. 12(e). — Also termed motion for a more definite statement. [Cases: Federal Civil Procedure 957; Pleading 367. C.J.S. Pleading §
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e-contract, n. 1. POINT-AND-CLICK AGREEMENT. 2. Any type of contract formed in the course of e-commerce by (1) the interaction of two or more individuals using electronic means, such as e-mail, (2) the interaction of an individual with an electronic agent, such as a computer program, or (3) the interaction of at least two electronic
A rule used in construing legal instruments, esp. contracts and statutes. • Although a few states have codified the canons of construction — examples of which are contra proferentem and ejusdem generis — most jurisdictions treat the canons as mere customs not having the force of law. — Often shortened to canon. — Also termed
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emendatio (ee-men-day-shee-oh), n. [Latin] Hist. The power of amending and correcting abuses, according to certain rules and measures. emendatio panis et cerevisiae (ee-men-day-shee-oh pan-is et ser-[schwa]-vizh-ee-ee). [Latin “the correction of bread and ale”] The power of supervising and correcting (assizing) the weights and measures of bread and ale.
A confidential mediation session that a mediator holds with an individual party to elicit settle-ment offers and demands. • When separate caucuses are used, the mediator typically shuttles between the two (or more) sides of a dispute to communicate offers and demands. Formerly, ABA Model Rule of Professional Re-sponsibility 2.2 (governing when a lawyer could