natural-accumulation doctrine. The rule that a governmental entity or other landowner is not required to remove naturally occurring ice or snow from public property, such as a highway, unless the entity has, by taking some affirmative action (such as highway construction), increased the travel hazard to the public. [Cases: Automobiles 262; Municipal Corporations 773. C.J.S. […]
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prematurity. 1. The circumstance existing when the facts underlying a plaintiff’s complaint do not yet create a live claim. Cf. RIPENESS. [Cases: Action 6, 62; Federal Courts 12. 1. C.J.S. Actions §§ 38–45, 238.] 2. The affirmative defense based on this circumstance.
Hist. A day scheduled for completion of matters not finished on the affirmance day of the term.
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renunciation (ri-n[schwa]n-see-ay-sh[schwa]n), n. 1. The express or tacit abandonment of a right without transferring it to another. 2. Wills & estates. The act of waiving a right under a will. • At one time, one renounced an inheritance by intestacy and disclaimed a gift by will. Today disclaim is common in both situations. — Also
in praemissorum fidem (in pree-m[schwa]-sor-[schwa]m [or prem-[schwa]-] f I-d[schwa]m), adv. & adj.[Law Latin] Hist. In confirmation or attestation of the premises. • This phrase commonly appeared in notarized documents.
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Criminal law. An affirmative defense alleging that a mental disorder caused the accused to commit the crime. See 18 USCA § 17; Fed. R. Crim. P. 12.2. • Unlike other defenses, a successful insanity defense may not result in in acquittal but instead in a special verdict (“not guilty by reason of insanity”) that usu.
forced reporting statute 〈美〉强制报告法 规定某些人向特定机构报告信息的作为义务〔affirmative duty〕的法律，为各州广泛采用。要求保健人员〔health care professionals〕、社会工作者及教师报告虐待儿童、老人或无行为能力的成年人的可疑案件，在某些州也包括虐待配偶的案件。
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yeas and nays. The affirmative and negative votes on a bill or resolution before a deliberative assembly. See roll-call vote under VOTE(4). [Cases: Statutes 19. C.J.S. Statutes §§ 37–38, 40, 42.]
quare ejecit infra terminum (kwair-ee i-jee-sit in-fr[schwa] t[schwa]r-m[ schwa]-n[schwa]m), n. [Law Latin “why he ejected within the term”] Hist. A writ for a lessee who was prematurely ejected, when the ejector was not actually in possession but one claiming under the ejector was. “For this injury the law has provided him with two remedies …
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copyright misuse. In an infringement action, an affirmative defense based on the copyright owner’s use of a license to restrain trade or in any other manner that is against public policy. • The defense, roughly parallel to the declining patent-misuse defense, was invoked, for example, to prevent the American Medical Association from enforcing its copyright