casus amissionis (kay-s[schwa]s [schwa]-mis[h]-ee-oh-nis). [Latin “the occasion of the loss”] Hist. The circumstances under which a document is lost or destroyed. • In an action to prove the contents of a lost instrument, the circumstances under which a document was lost was required evidence. Lost documents are now covered by Federal Rule of Evidence 1004(1).
malicious prosecution. 1. The institution of a criminal or civil proceeding for an improper purpose and without probable cause. • The tort requires an adversary to prove four elements: (1) the initiation or continuation of a lawsuit; (2) lack of probable cause; (3) malice; and (4) favorable termination of the lawsuit. Restatement (Second) of Torts
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Bruton error (broot-[schwa]n). The violation of a criminal defendant’s constitutional right of confrontation by admitting into evidence a nontestifying codefendant’s confession that implicates both of them, where the statement is not admissible against the defendant under any exception to the hearsay rule. • The error is not cured by a limiting instruction to the jury
in quantum locupletiores facti sumus ex damno alterius (in kwon-t[schwa]m lok-yoo-plee-shee-or-eez fak-tIs[y]oo-m[schwa]s eks dam-noh al-teer-ee-[ schwa]s). [Latin] Roman law. Insofar as we have been enriched to the loss or by the damage of another. • The phrase appeared in reference to the rule by which certain persons were bound in restitution to the extent of
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A financial statement examined and reported by an independent public or certified public accountant. SEC Rule 12b-2 (17 CFR § 240.12b-2).
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A ballot reflecting a vote that cannot be counted because it was cast in a form or manner that does not comply with the applicable rules. See illegal vote under VOTE(1).
privilegium (priv-[schwa]-lee-jee-[schwa]m), n. [Latin] 1. Roman law. A law passed against or in favor of a specific individual. 2. Roman law. A special right, esp. one giving priority to a creditor. 3. Civil law. Every right or favor that is granted by the law but is contrary to the usual rule.
A broker-dealer who communicates bids or offers on the floor of a stock exchange at the designated location for trading in a reported security or who, in an off-exchange transaction, communicates the bid or offer as either a principal or an agent, for its own or another’s account. SEC Rule 11Ac1-1(a)(21) (17 CFR § 240.11Ac1-1(a)(21)).
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last-link doctrine. The rule that an attorney need not divulge nonprivileged information if doing so would reveal information protected by the attorney–client privilege, particularly if the information would provide essential evidence to support indicting or convicting the client of a crime. • This doctrine is often relied on as an exception to the rule that
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International Regulations for Preventing Collisions at Sea. See INTERNATIONAL RULES OF THE ROAD.
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