grand jury. A body of (often 23) people who are chosen to sit permanently for at least a month — and sometimes a year — and who, in ex parte proceedings, decide whether to issue indictments. See Fed. R. Crim. P. 6. • If the grand jury decides that evidence is strong enough to hold […]
defect of reason. Archaic. 1. Mental illness. 2. Mental retardation. DEFECT OF SUBSTANCE defect of substance. An imperfection in the substantive part of a legal document, as by omitting an essential term. Cf. DEFECT OF FORM.
Securities. The notion that a broker-dealer must be held to a high standard of conduct because by engaging in the securities business (“hanging out a shingle”), the broker-dealer implicitly represents to the world that the conduct of all its employees will be fair and meet professional norms. [Cases: Securities Regulation 27.21, 60.32(1). C.J.S. Securities Regulation
mortmain (mort-mayn). [French “deadhand”] The condition of lands or tenements held in perpetuity by an ecclesiastical or other corporation. • Land alienated in mortmain is not inalienable, but it will never escheat or pass by inheritance (and thus no inheritance taxes will ever be paid) because a corporation does not die. See AMORTIZE(3); DEADHAND CONTROL.
writ of supervisory control. A writ issued to correct an erroneous ruling made by a lower court either when there is no appeal or when an appeal cannot provide adequate relief and the ruling will result in gross injustice. [Cases: Courts 207. 1.]
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A land-ownership arrangement by which a trustee holds both legal and equitable title to land while the beneficiary retains the power to direct the trustee, manage the property, and draw income from the trust. — Also termed Illinois land trust; naked land trust. [Cases: Trusts 140(1). C.J.S. Trover and Conversion §§ 254, 256.]
An ademption that occurs because the unique property that is the subject of a specific bequest has been sold, given away, or destroyed, or is not otherwise in existence at the time of the testator’s death. [Cases: Wills 767–768. C.J.S. Wills §§ 1749–1761.]
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special rule. 1. A rule applicable to a particular case or circumstance only. See RULE(1). 2. A deliberative assembly’s rule that supplements or supersedes its parliamentary authority. See PARLIAMENTARY AUTHORITY. 3. A rule that applies only to a particular matter, such as a specific bill. In senses 2 & 3, see RULE(2), (3).
civil disobedience. A deliberate but nonviolent act of lawbreaking to call attention to a particular law or set of laws believed by the actor to be of questionable legitimacy or morality. “Social protest and even civil disobedience serve the law’s need for growth. Ideally, reform would come according to reason and justice without self-help and
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stare decisis (stahr-ee di-sI-sis orstair-ee), n. [Latin “to stand by things decided”] The doctrine of precedent, under which it is necessary for a court to follow earlier judicial decisions when the same points arise again in litigation. See PRECEDENT; NON QUIETA MOVERE. Cf. RES JUDICATA; LAW OF THE CASE ; (in civil law) jurisprudence constante