administrative law. The law governing the organization and operation of administrative agencies (including executive and independent agencies) and the relations of administrative agencies with the legislature, the execu-tive, the judiciary, and the public. • Administrative law is divided into three parts: (1) the statutes endowing agencies with powers and establishing rules of substantive law relating […]
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element. 1. A constituent part of a claim that must be proved for the claim to succeed (Burke failed to prove the element of proximate cause in prosecuting his negligence claim). 2. Patents. A discretely claimed component of a patent claim. • For a prior-art reference to anticipate a claim, it must teach each and
eviction. The act or process of legally dispossessing a person of land or rental property. See FORCIBLE ENTRY AND DETAINER. Cf. EJECTMENT. [Cases: Forcible Entry and Detainer 6; Landlord and Tenant 287.] actual eviction. A physical expulsion of a person from land or rental property. [Cases: Landlord and Tenant 171(1). C.J.S. Landlord and Tenant §
prevention doctrine. Contracts. The principle that each contracting party has an implied duty to not do anything that prevents the other party from performing its obligation. — Also termed prevention-of-performance doctrine. [Cases: Contracts 168, 303(4). C.J.S. Contracts §§ 346–347, 528–530.]
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custom, n. 1. A practice that by its common adoption and long, unvarying habit has come to have the force of law. See USAGE. [Cases: Customs and Usages 1. C.J.S. Customs and Usages § 1.] — customary, adj. conventional custom. A custom that operates only indirectly through the medium of agreements, so that it is
venire (v[schwa]-nI-ree or -neer-ee or -nIror -neer). 1. A panel of persons selected for jury duty and from among whom the jurors are to be chosen. — Also termed array; jury panel; jury pool. [Cases: Jury 60–69. C.J.S. Juries §§ 271, 282, 305–310, 312–323, 340.] special venire. A panel of citizens summoned when there is
modo et forma (moh-doh et for-m[schwa]). [Latin] In manner and form. • In common-law pleading, this phrase began the conclusion of a traverse. Its object was to put the burden on the party whose pleading was being traversed not only to prove the allegations of fact but also to establish as correct the manner and
contract of affreightment ([schwa]-frayt-m[schwa]nt).Maritime law. An agreement for carriage of goods by water. • A contract of affreightment may employ a bill of lading, a charterparty, or both to ship the goods. — Abbr. COA. — Also termed contract of carriage. See CHARTERPARTY. [Cases: Shipping 104. C.J.S. Shipping §§ 247–250, 252–254.]
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An agency arising during an emergency that necessitates the agent’s acting without authori-zation from the principal; the relation between a person who in exigent circumstances acts in the interest of another without being authorized to do so. • It is a quasi-contractual relation formed by the operation of legal rules and not by the agreement
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attribution right. Copyright. A person’s right to be credited as a work’s author, to have one’s name appear in connection with a work, or to forbid the use of one’s name in connection with a work that the person did not create. • Attribution rights constitute one aspect of the moral rights recognized primarily in