ordo judiciorum
ordo judiciorum (or-doh joo-dish-ee-or-[schwa]m). [Latin] Eccles. law. The order of judgments; the rule by which the course of hearing each case was prescribed.
ordo judiciorum (or-doh joo-dish-ee-or-[schwa]m). [Latin] Eccles. law. The order of judgments; the rule by which the course of hearing each case was prescribed.
per infortunium (p[schwa]r in-for-t[y]oo-nee-[schwa]m), adj. or adv. [Latin] By misadventure. • At common law, when one person killed another per infortunium, a conviction and royal pardon were necessary even when there was no fault. See homicide per infortunium under HOMICIDE. “It may seem strange to modern minds that for centuries it was a rule of
intraliminal right (in-tr[schwa]-lim-[schwa]-n[schwa]l).Mining law. The privilege to mine ore in areas within the boundaries of a mineral claim. • In contrast to an extralateral right, an intraliminal right does not give the holder the right to mine a vein of ore outside the lease even if the vein lies mostly within the lease. Cf. APEX
intraliminal right Read More »
Dombrowski doctrine. A short-lived rule that entitled a person to seek a federal-court injunction to prevent prosecution under a broad or vague state statute that affects rights guaranteed by the First Amendment. Dombrowski v. Pfister, 380 U.S. 479, 85 S.Ct. 1116 (1965). • The doctrine was greatly cut back six years after it was announced,
dombrowski doctrine Read More »
laesio enormis (lee-shee-oh i-nor-mis). [Law Latin “excessive loss” or “abnormal loss of more than half”] Roman & civil law. 1. The sale of a thing for which the buyer paid less than half its real value. • The seller could rescind the sale, but the buyer could keep the item purchased by paying the full
eirenarcha (I-r[schwa]-nahr-k[schwa]), n. [from Greek eirene “peace” + archein “to rule”] Roman law. A provincial justice of the peace; a person charged with maintaining order. — Also spelled (in Latin) irenarcha.
algorithm exception. Patents. The general rule that an abstract mathematical function, such as an algorithm, cannot be patented. • The exception was first articulated by the U.S. Supreme Court in Gottschalk v. Benson, 409 U.S. 63, 93 S.Ct. 253 (1972). The rule was undermined by State St. Bank & Trust Co. v. Signature Fin. Group,
algorithm exception Read More »
criminal procedure. The rules governing the mechanisms under which crimes are investigated, prosecuted, ad-judicated, and punished. • It includes the protection of accused persons’ constitutional rights.
criminal procedure Read More »
least-intrusive-remedy doctrine. The rule that a legal remedy should provide the damaged party with appropriate relief, without unduly penalizing the opposing party or the jurisdiction’s legal system, as by striking only the unconstitutional portion of a challenged statute while leaving the rest intact. [Cases: Statutes 64(1). C.J.S. Statutes §§ 83–85.]
least intrusive remedy doctrine Read More »
estray (e-stray), n. 1. A valuable tame animal found wandering and ownerless; an animal that has escaped from its owner and wanders about. • At common law, an estray belonged to the Crown or to the lord of the manor, but today the general rule is that it passes to the state in trust for