coconspirator’s exception. An exception to the hearsay rule whereby one conspirator’s acts and statements, if made during and in furtherance of the conspiracy, are admissible against a defendant even if the statements are made in the defendant’s absence. See Fed. R. Evid. 801(d)(2)(E). — Also termed coconspirator’s rule. See HEARSAY. [Cases: Criminal Law 422–428; Evidence […]
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cura (kyoor-[schwa]), n. [Latin] Roman law. A guardianship that protects the interests of minors who are between puberty and the age of 25, or incapacitated persons. Pl. curae. Cf. TUTELA. “Cura was a form of guardianship indicated by the necessities of the case, with respect to persons who, though sui juris, were in need of
continuing legal education. 1. The process or system through which lawyers extend their learning beyond their law-school studies, usu. by attending seminars designed to sharpen lawyering skills or to provide updates on legal developments within particular practice areas. • In some jurisdictions, lawyers have annual or biennial require-ments to devote a given number of hours
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A servitude imposed on land taken under an eminent-domain proceeding for a different type of servitude, as when a highway is constructed on land condemned for a public sidewalk. • A landowner whose land is burdened by an additional servitude is entitled to further compensation.
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interim committitur (in-t[schwa]-rim k[schwa]-mit-[schwa]-t[schwa]r). [Latin “in the meantime, let him be committed”] A court order directing that a defendant be incarcerated pending further action.
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race to the courthouse. 1. Bankruptcy. The competition among creditors to make claims on assets, usu. motivated by the advantages to be gained by those who act first in preference to other creditors. • Chapter 11 of the Bank-ruptcy Code, as well as various other provisions, is intended to prevent a race to the courthouse
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conclusion of law. An inference on a question of law, made as a result of a factual showing, no further evidence being required; a legal inference. Cf. FINDING OF FACT; LEGAL CONCLUSION.
inoperative, adj. 1. Having no force or effect; not operative (an inoperative statute). 2. Patents. (Of an invention), the condition of not being capable of functioning as described in the patent application. “An invention is inoperative if an exemplification, built exactly as described in the patent, won’t operate, or if further experiment and invention are
health-maintenance organization. A group of participating healthcare providers that furnish medical services to enrolled members of a group health-insurance plan. — Abbr. HMO. Cf. PREFERRED-PROVIDER ORGANIZATION. [Cases: Health 294; Insurance 1252.]
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service establishment. Under the Fair Labor Standards Act, an establishment that, although having the characteristics of a retail store, primarily furnishes services to the public, such as a barber shop, laundry, or automobile-repair shop.
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