offensive-use waiver. An exemption from the attorney–client privilege, whereby a litigant is considered to have waived the privilege by seeking affirmative relief, if the claim relies on privileged information that would be outcome-determinative and that the opposing party has no other way to obtain. Cf. AT-ISSUE WAIVER R. [Cases: Witnesses 219(3).]
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moral-wrong doctrine. The doctrine that if a wrongdoer acts on a mistaken understanding of the facts, the law will not exempt the wrongdoer from culpability when, if the facts had been as the actor believed them to be, his or her conduct would nevertheless be immoral.
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equality before the law. The status or condition of being treated fairly according to regularly established norms of justice; esp., in British constitutional law, the notion that all persons are subject to the ordinary law of the land administered by the ordinary law courts, that officials and others are not exempt from the general duty
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companionship services. Assistance provided to someone who needs help with personal matters such as bathing and dressing. • This type of service (in contrast to housecleaning) is exempt from the Federal Labor Standards Act’s minimum-wage and overtime requirements.
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An investor treated under the Securities Act of 1933 as being knowledgeable and sophisticated about financial matters, esp. because of the investor’s large net worth. • In a securities offering that is exempt from registration, an accredited investor (either a person or an entity) is not entitled to protection under the Act’s disclosure provisions, although
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foundation. 1. The basis on which something is supported; esp., evidence or testimony that establishes the admissibility of other evidence (laying the foundation). [Cases: Evidence 117, 366–381. C.J.S. Evidence §§ 208, 819–822, 824–833, 870–878, 881, 884, 889, 917–919, 932–933, 935–939, 949, 957, 959–962, 964, 976, 982–983, 986, 992–994, 998, 1000, 1002–1006, 1008, 1010–1022, 1026–1034.] 2.
Vallescura rule. Maritime law. The holding that when a maritime loss is due to more than one cause, and the carrier is exempt from liability for at least one of them, the burden is on the carrier to prove what loss is due to the exempt cause or else be liable for the entire loss.
The rule providing for qualified immunity of an attorney’s work product from discovery or other compelled disclosure. Fed. R. Civ. P. 26(b)(3). • The exemption was primarily established to protect an attorney’s litigation strategy. Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947). — Also termed work-product immunity; work-product privilege; work-product exemption; attorney-work-product privilege.
conscience clause. A legislative provision that allows a person to claim an exemption from compliance, usu. on religious-freedom grounds.
days of grace. 1. GRACE PERIOD. 2. Int’l law. A timed exemption from prize law that is granted to enemy merchant ships when they are caught unawares by the outbreak of war.