reconsider, vb. To discuss or take up (a matter) again (legislators voted to reconsider the bill). • Under parliamentary law, a motion to reconsider sets aside a certain vote already taken and restores the motion on which the vote is being reconsidered to its status immediately before the vote occurred. Making a motion to reconsider […]
A divorce whereby the marriage itself is dissolved but the issues incident to the divorce, such as alimony, child custody, and visitation, are reserved until a later proceeding. • This type of divorce can be granted when the court has subject-matter jurisdiction but lacks personal jurisdiction over the defendant-spouse. The doctrine of divisible divorce was
judicium (joo-dish-ee-[schwa]m), n. [Latin] Hist. 1. A judgment. 2. A judicial proceeding; a trial. 3. A court or tribunal. • In Roman law, the plural judicia refers to criminal courts. Pl. judicia. judicium capitale (kap-i-tay-lee). [Latin] Hist. A judgment of death; a capital sentence. judicium parium (par-ee-[schwa]m). [Latin] Hist. A judgment of one’s peers; a
bishop. The chief superintendent and highest-ranking member of the clergy within a diocese. • The bishop is subject to the archbishop of a province. [Cases: Religious Societies 27. C.J.S. Religious Societies § 43.] “[A] bishop … has several courts under him, and may visit at pleasure every part of his diocese. His chancellor is appointed
common-nucleus-of-operative-fact test. The doctrine that a federal court will have pendent jurisdiction over state-law claims that arise from the same facts as the federal claims providing a basis for subject-matter jurisdiction. [Cases: Federal Courts 14.] “The modern doctrine of pendent jurisdiction, as announced by the Supreme Court in United Mine Workers v. Gibbs (1966), is
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labes realis quae rei inhaeret (lay-beez ree-ay-lis kwee ree-I in-heer-it). [Latin] Scots law. A real defect that attaches to the thing. Cf. VITIUM REALE . “Theft, also, constitutes a labes realis in the title of any one holding the subject stolen, no matter how honestly he may have acquired it; and on this defect, which
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Hilary Rules. Hist. A collection of English pleading rules designed to ease the strict pleading requirements of the special-pleading system, esp. by limiting the scope of the general issue in the formed actions and by forcing the defendant to set up affirmatively all matters other than a denial of the breach of duty or of
prospectus (pr[schwa]-spek-t[schwa]s). A printed document that describes the main features of an enterprise (esp. a corporation’s business) and that is distributed to prospective buyers or investors; esp., a written description of a securities offering. • Under SEC regulations, a publicly traded corporation must provide a prospectus before offering to sell stock in the corporation. Pl.
bootstrap doctrine 〈美〉自助原则 禁止对已作出终局判决的另一州法院的管辖权提出间接攻击〔collateral attack〕的一项原则，即若法院最初对案件没有管辖权，但当争点被当事人在本法院争讼时，法院可因其作出它有管辖权这一错误的却是结论性的裁决而使自己取得管辖权。该原则的根据是，依据既判力原则，当事人受法院判决的约束，而不论争点是法院的管辖权或是其他问题。当法院在前一案件中已对人身、法律地位〔status〕或土地行使管辖权时，可以适用该原则，但是，如果法院对案件没有事物管辖权〔subject-matter jurisdiction〕，自助原则并不能使法院判决生效。例如，当事人在州法院出庭争讼，并不能支持该法院取得对联邦事项的管辖权。
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bootstrap doctrine. Conflict of laws. The doctrine that forecloses collateral attack on the jurisdiction of another state’s court that has rendered final judgment. • The doctrine applies when a court in an earlier case has taken jurisdiction over a person, over status, or over land. It is based on the principle that under res judicata,
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