jus exigendi (j[schwa]s ek-si-jen-dI). [Latin] Scots law. A creditor’s right to enforce immediate payment of a debt. Cf. JUS CREDITI. “For example, where a testator directs his testamentary trustees to pay a certain legacy, which he has unconditionally bequeathed to the legatee, six months after his (the testator’s) death, the legacy vests on the death […]
Hist. A verse, usu. consisting of the opening verse of Psalm 51 (Miserere mei, Deus “Have mercy on me, O God”), which was used as a literacy test for an accused who claimed benefit of clergy. • An accused who read the passage satisfactorily would not receive the maximum sentence (the person’s neck would be
predatory pricing. Unlawful below-cost pricing intended to eliminate specific competitors and reduce overall competition; pricing below an appropriate measure of cost for the purpose of eliminating competitors in the short run and reducing competition in the long run. See ANTITRUST. [Cases: Monopolies 17(1.7). C.J.S. Monopolies §§ 83–85, 87.] “In its most orthodox form, ‘predatory pricing’
particeps criminis (pahr-t[schwa]-seps krim-[schwa]-nis), n. [Latin “partner in crime”] 1. An accomplice or accessory. See ACCESSORY. Pl. participes criminis (pahr-tis-[schwa]-peez). [Cases: Criminal Law 59, 68. C.J.S. Criminal Law §§ 127, 137, 998.] “The courts of justice will allow the objection that the consideration of the contract was immoral or illegal to be made even by
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damnum et interesse (dam-n[schwa]m et in-t[schwa]r-es-ee). [Latin] Scots law. The loss and damage sustained. “Damnum et interesse. — The loss and interest; or, as the words may also be translated, damage, and its issues or consequences. The words are used by Erskine in treating of the liability of cautioners who become bound to see a
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actus animi (ak-t[schwa]s an-[schwa]-mI). [Law Latin] Hist. An act of the mind; an intention. See ANIMUS. “Again, consent, which is essential to all contracts, is an actus animi, and is presumed in all cases where the contract is ex facie regular.” John Trayner, Trayner’s Latin Maxims 21–22 (4th ed. 1894).
Alimony found necessary to assist a divorced person in acquiring the education or training required to find employment outside the home or to reenter the labor force. • It usu. has time limitations, such as a maximum of one or two years. — Also termed short-term alimony; transitional alimony. [Cases: Divorce 247. C.J.S. Divorce §§
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