vergens ad inopiam (v[schwa]r-jenz ad in-oh-pee-[schwa]m), adj. [Latin “verging on poverty”] Civil law. Tending to become insolvent. “When a debtor is clearly vergens ad inopiam, a creditor may legally resort to certain measures, for the purpose of protecting his interests, which would not otherwise be competent to him. Thus if the debtor be bound under […]
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Malice inferred from a person’s conduct. — Also termed constructive malice; legal malice; malice in law. Cf. actual malice (1).
pretermitted-heir statute. A state law that, under certain circumstances, grants an omitted heir the right to inherit a share of the testator’s estate, usu. by treating the heir as though the testator had died intestate. • Most states have a pretermitted-heir statute, under which an omitted child or spouse receives the same share of the
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permission. 1. The act of permitting. 2. A license or liberty to do something; authorization. express permission. Permission that is clearly and unmistakably granted by actions or words, oral or written. implied permission. 1. Permission that is inferred from words or actions. 2. See implied consent under CONSENT. 3. Conduct that justifies others in believing
dedication, n. Property. The donation of land or creation of an easement for public use. [Cases: Dedication 1–28. C.J.S. Dedication §§ 1–12, 14–30, 56–64.] — dedicate, vb. — dedicatory, adj. common-law dedication. A dedication made without a statute, consisting in the owner’s appropriation of land, or an easement in it, for the benefit or use
adverse-interest rule. The principle that if a party fails to produce a witness who is within its power to produce and who should have been produced, the judge may instruct the jury to infer that the witness’s evidence is unfavorable to the party’s case. — Also termed empty-chair doctrine; adverse-inference rule. [Cases: Criminal Law 788;
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conjectio (k[schwa]n-jek-shee-oh), vb. [Latin “an inference”] Hist. A conclusion drawn from evidence; a fact inferred from the evidence presented. Pl. conjectiones (k[schwa]n-jek-shee-oh-neez).
truck. Hist. Scots law. The payment of wages in scrip or goods. • Truck systems, once common where workers had to live in isolated areas and depended on company stores for food and clothing, were abolished in the 19th century. “Truck was payment not in money but in goods or tickets which could be exchanged
A person’s state of mind that can be inferred from speech or conduct, or from language used in an instrument to which the person is a party.