plea in bar. A plea that seeks to defeat the plaintiff’s or prosecutor’s action completely and permanently. general plea in bar. A criminal defendant’s plea of not guilty by which the defendant denies every fact and circumstance necessary to be convicted of the crime charged. [Cases: Criminal Law 299. C.J.S. Criminal Law § 378.] special […]
in corporibus sed non in quantitatibus (in kor-por-[schwa]-b[schwa]s sed non in kwon-ti-tay-t[schwa]-b[schwa]s). [Law Latin] Hist. In separate and distinct subjects, but not in things estimated in quantities. • The phrase appeared in reference to the best of a decedent’s movable property to which an heir had a right. This property typically included animals and equipment
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Antitrust. A market that is capable of being monopolized — that is, a market in which a firm can raise prices above the competitive level without losing so many sales that the price increase would be unprofitable. • The relevant market includes both the product market and the geographic market. [Cases: Monopolies 12(1.3). C.J.S. Monopolies
discovery abuse. 1. The misuse of the discovery process, esp. by making overbroad requests for information that is unnecessary or beyond the scope of permissible disclosure or by conducting discovery for an improper purpose. [Cases: Federal Civil Procedure 1261, 1278; Pretrial Procedure 28. C.J.S. Discovery §§ 2, 6–7, 21.] “The term ‘discovery abuse’ has been
voyage. Maritime law. The passing of a vessel by sea from one place, port, or country to another. • Courts generally hold that the term includes the entire enterprise, not just the route. [Cases: Shipping 165. C.J.S. Shipping §§ 395–397.] foreign voyage. A voyage to a port or place within the territory of a foreign
work product. Tangible material or its intangible equivalent — in unwritten or oral form — that was either prepared by or for a lawyer or prepared for litigation, either planned or in progress. • Work product is generally exempt from discovery or other compelled disclosure. The term is also used to describe the products of
equity-of-the-statute rule. In statutory construction, the principle that a statute should be interpreted according to the legislators’ purpose and intent, even if this interpretation goes beyond the literal meaning of the text. • Under this little-used rule, for example, if a statute defines jury-tampering to include a party’s “giving a juror food or drink,” the
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fiscus (fis-k[schwa]s), n. [Latin “the basket” or “moneybag”] 1. Roman law. The emperor’s treasury. • In later Roman times, the term also included the treasury of the state. See AERARIUM. 2. Hist. The treasury of a monarch (as the repository of forfeited property), a noble, or any private person. 3. The treasury or property of
A monetary loss such as lost wages or lost profits. • The term usu. refers to a type of damages recoverable in a lawsuit. For example, in a products-liability suit, economic loss includes the cost of repair or replacement of defective property, as well as commercial loss for the property’s inadequate value and consequent loss
A crime motivated by the victim’s race, color, ethnicity, religion, or national origin. • Certain groups have lobbied to expand the definition by statute to include a crime motivated by the victim’s disability, gender, or sexual orientation. Cf. hate speech under SPEECH. [Cases: Civil Rights 1808; Sentencing and Punishment 753. C.J.S. Civil Rights § 222;