Duke of Exeter’s Daughter. A torture rack in the Tower of London, named after the Duke of Exeter, Henry VI’s minister who assisted in introducing it to England. — Also termed brake. “The rack … to extort a confession from criminals, is a practice of a different nature …. And the trial by rack is […]
duke of exeter’s daughter Read More »
Office of Special Counsel. An independent federal agency that investigates activities prohibited by the civil-service laws, rules, and regulations and, if the investigation warrants it, litigates the matter before the Merit Systems Protection Board. • The agency was established by Reorganization Plan No. 2 of 1978. — Abbr. OSC.
office of special counsel Read More »
continuous-adverse-use principle. The rule that the uninterrupted use of land — along with the other elements of adverse possession — will result in a successful claim for adverse possession. — Also termed uninter-rupted-adverse-use principle. See ADVERSE POSSESSION. [Cases: Adverse Possession 44. C.J.S. Adverse Possession §§ 149–150, 332.]
continuous adverse use principle Read More »
reverse-Erie doctrine. Maritime law. The rule that a case in admiralty and maritime jurisdiction may be brought in state court, but the state court must follow federal statutory and general maritime law. Offshore Logistics, Inc. v. Tallentire, 477 U.S. 207, 106 S.Ct. 2485 (1986). See ERIE DOCTRINE.
reverse erie doctrine Read More »
common-character requirement. The rule that for a group of persons to qualify as a class in a class-action lawsuit, the appointment of the class must achieve economies of time, effort, and expense, and must promote uniformity of decision for persons similarly situated, in addition to sharing common questions of fact and law. Cf. COMMONALITY TEST.
common character requirement Read More »
A legal remedy (such as an award of damages) that provides sufficient relief to the petitioning party, thus preventing the party from obtaining equitable relief. See IRREPARABLE INJURY RULE. [Cases: Specific Performance 5. C.J.S. Specific Performance § 8.]
adequate remedy at law Read More »
Frye test. The defunct federal common-law rule of evidence on the admissibility of scientific evidence. • It required that the tests or procedures must have gained general acceptance in their particular field. In Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993), the Supreme Court held that scientific evidence must meet
Securities. Any of the following: (1) a person directly or indirectly acting in concert with a distribution participant in connection with the acquisition or distribution of the securities involved; (2) an affiliate who directly or indirectly controls the purchases of those securities by a distribution participant, or whose purchases are controlled by such a participant,
affiliated purchaser Read More »
special-duty doctrine. Torts. The rule that a governmental entity (such as a state or municipality) can be held liable for an individual plaintiff’s injury when the entity owed a duty to the plaintiff but not to the general public. • This is an exception to the public-duty doctrine. The special-duty doctrine applies only when the
special duty doctrine Read More »
military law. The branch of public law governing military discipline and other rules regarding service in the armed forces. • It is exercised both in peacetime and in war, is recognized by civil courts, and includes rules far broader than for the punishment of offenders. — Also termed military justice. — Sometimes loosely termed martial