expert, n. A person who, through education or experience, has developed skill or knowledge in a particular subject, so that he or she may form an opinion that will assist the fact-finder. Fed. R. Evid. 702. See DAUBERT TEST. [Cases: Criminal Law 478–480; Evidence 535–546. C.J.S. Criminal Law §§ 1070–1071; Evidence §§ 521, 523–527, 599–600, […]
decies tantum (desh-ee-eez ordee-shee-eez tan-t[schwa]m), n. [Law Latin “ten times as much”] Hist. A writ ordering a juror who accepted a bribe for a verdict to pay ten times the bribery amount, half to the suing party and half to the Crown. “Decies tantum is a writ that lies where a juror in any inquest
monopolization, n. The act or process of obtaining a monopoly. • In federal antitrust law, monopolization is an offense with two elements: (1) the possession of monopoly power — that is, the power to fix prices and exclude competitors — within the relevant market, and (2) the willful acquisition or maintenance of that power, as
A document of title that actually stands for the goods it covers, so that any transfer of the goods requires a surrender of the document. UCC § 7-104(a). [Cases: Bills and Notes 151; Warehousemen 15. C.J.S. Bills and Notes; Letters of Credit § 131; Warehousemen and Safe Depositaries § 36.]
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tampering, n. 1. The act of altering a thing; esp., the act of illegally altering a document or product, such as written evidence or a consumer good. See Model Penal Code §§ 224.4, 241.8; 18 USCA § 1365. 2. The act or an instance of engaging in improper or underhanded dealings, esp. in an attempt
Securities. An institution with more than $100 million in invested assets.
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assignation (as-ig-nay-sh[schwa]n), n. 1. Archaic. An appointment of a time and place to meet, esp. for en-gaging in illicit sex. 2. Eccles. law. A specific allegation in a defendant’s counterpleading. 3. French law. A plaintiff’s complaint; a writ of summons.
tenantable repair. A repair that will render premises fit for present habitation. See HABITABILITY. [Cases: Landlord and Tenant 150(1).]
Criminal law. The deliberate and fixed intention to kill, though not necessarily a particular person. See PREMEDITATION. [Cases: Homicide 535.]
Palsgraf rule (pawlz-graf).Torts. The principle that negligent conduct resulting in injury will lead to liability only if the actor could have reasonably foreseen that the conduct would cause the injury. • In Palsgraf v. Long Island R.R., 162 N.E. 99 (N.Y. 1928), two railroad attendants negligently dislodged a package of fireworks from a man they