Article I court. 1. See legislative court under COURT. 2. A type of federal legislative court that is not bound by the requirements of or protected under U.S. Const. art. III, § 2, and that performs functions similar to those of an administrative agency, such as issuing advisory opinions. U.S. Const. art. I, § 8. […]
High Court of Admiralty. In England, a court exercising jurisdiction in matters relating to shipping, collision, and salvage cases. • The court dates from the 14th century, and much of its early history concerns prize and piracy cases. Its jurisdiction varied through the centuries, sometimes extending into criminal matters and other areas of law not
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denial, n. 1. A refusal or rejection; esp., a court’s refusal to grant a request presented in a motion or petition (denial of the motion for summary judgment). 2. A defendant’s response controverting the facts that a plaintiff has alleged in a complaint; a repudiation (the worker filed a denial alleging that physical contact never
The common-law legal and procedural device associated with a particular writ, each of which had specific forms of process, pleading, trial, and judgment. • The 11 common-law forms of action were trespass, trespass on the case, trover, ejectment, detinue, replevin, debt, covenant, account, special assumpsit, and general assumpsit. [Cases: Action 29; Federal Civil Procedure 71.
precatory (prek-[schwa]-tor-ee), adj. (Of words) requesting, recommending, or expressing a desire for action, but usu. in a nonbinding way. • An example of precatory language is “it is my wish and desire to ….” [Cases: Trusts 29; Wills 467. C.J.S. Trover and Conversion § 43; Wills §§ 855–856.]
res (rays or reez or rez), n. [Latin “thing”] 1. An object, interest, or status, as opposed to a person (jurisdiction of the res — the real property in Colorado). [Cases: Courts 16. C.J.S. Courts § 50.] 2. The subject matter of a trust; CORPUS(1) (the stock certificate is the res of the trust). [Cases:
An issue that must be decided in order to resolve a controversy. • The existence of a material issue of disputed fact precludes summary judgment. Cf. immaterial issue.
A trust consisting of one or more life-insurance policies payable to the trust when the insured dies. [Cases: Trusts 37. C.J.S. Trover and Conversion § 60.]
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A trust that is designed to protect the trust property to ensure the continued support of the beneficiary. [Cases: Trusts 152. C.J.S. Trover and Conversion §§ 270–272.]
diversity of citizenship. A basis for federal-court jurisdiction that exists when (1) a case is between citizens of different states, or between a citizen of a state and an alien, and (2) the matter in controversy exceeds a specific value (now $75,000).28 USCA § 1332. • For purposes of diversity jurisdiction, a corporation is considered
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