matter, n. 1. A subject under consideration, esp. involving a dispute or litigation; CASE(1) (this is the only matter on the court’s docket today). 2. Something that is to be tried or proved; an allegation forming the basis of a claim or defense (the matters raised in the plaintiff’s complaint are not actionable under state […]
collateral-contract doctrine. The principle that in a dispute concerning a written contract, proof of a second (usu. oral) agreement will not be excluded under the parol-evidence rule if the oral agreement is independent of and not inconsistent with the written contract, and if the information in the oral agreement would not ordinarily be ex-pected to
collateral contract doctrine Read More »
An international arbitration grounded on a mutual promise to define the scope of the dispute and abide by the arbitrator’s decision. See COMPROMIS.
compromissory arbitration Read More »
master, n. 1. One who has personal authority over another’s services; specif., a principal who employs another to perform one or more services and who controls or has the right to control the physical conduct of the other in the performance of the services; EMPLOYER (the law of master and servant). [Cases: Master and Servant
ante litem motam (an-tee lI-tem moh-t[schwa]m). [Law Latin “before the lawsuit was started”] Hist. Before an action has been raised; before a legal dispute arose — i.e., at a time when the declarant had no motive to lie. • This phrase was generally used in reference to the evidentiary requirement that the acts upon which
feudalism (fyood-[schwa]l-iz-[schwa]m). 1. A landholding system, particularly applying to medieval Europe, in which all are bound by their status in a hierarchy of reciprocal obligations of service and defense. • The lord was obligated to give the vassal (1) some land, (2) protection, and (3) justice. The lord guaranteed the quiet occupation of the land
at issue. Taking opposite sides; under dispute; in question (the federal appeals courts are at issue over a question of law).
entry on the roll. Hist. 1. A clerk’s notation on a parchment roll of the proceedings and issues in a particular case. • Before parties began submitting written pleadings, they would appear (in person or through counsel) in open court and state their respective contentions orally until they settled on the issue or precise point
similar happenings. Evidence. Events that occur at a time different from the time in dispute and are therefore usu. inadmissible except to the extent that they provide relevant information on issues that would be fairly constant, such as the control of and conditions on land on the day in question. [Cases: Criminal Law 369–374; Evidence
similar happenings Read More »