defect of parties
defect of parties. A failure to include all indispensable parties in a lawsuit. [Cases: Federal Civil Procedure 384; Parties 77, 81. C.J.S. Parties §§ 197, 205.]
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digest
digest, n. 1. An index of legal propositions showing which cases support each proposition; a collection of summaries of reported cases, arranged by subject and subdivided by jurisdiction and court. • The chief purpose of a digest is to make the contents of reports available and to separate, from the great mass of caselaw, those
niece
niece. The daughter of a person’s brother or sister; sometimes understood to include the daughter of a person’s brother-in-law or sister-in-law. • This term is extended in some wills to include a grandniece. Cf. NEPHEW. half niece. The daughter of one’s half brother or half sister.
communication
communication. 1. The expression or exchange of information by speech, writing, gestures, or conduct; the process of bringing an idea to another’s perception. 2. The information so expressed or exchanged. conditionally privileged communication. A defamatory statement made in good faith by a person with an interest in a subject to someone who also has an
inn of court
Inn of Court. 1. Any of four autonomous institutions, one or more of which English barristers must join to receive their training and of which they remain members for life: The Honourable Societies of Lincoln’s Inn, the Middle Temple, the Inner Temple, and Gray’s Inn. • These powerful bodies examine candidates for the Bar, “call”
litem suam facere
litem suam facere (lI-tem s[y]oo-[schwa]m fay-s[schwa]-ree). [Latin “to make a suit one’s own”] Roman law. (Of a judex) to fail in his official duty through imprudence, such as not adhering to the formula, or not following due procedure. • This failure amounted to misconduct in the judex’s duties, and a litigant was given a private
digital certificate
digital certificate. A publicly available computer-based record that identifies the certifying authority and the subscriber who was issued a digital signature for electronically transmitted documents and that also provides the person’s public key for decrypting the digital signature. • Subscribers register with certification authorities to obtain digital signatures. Certificates may include additional information, including issuance
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negligence rule
negligence rule. Commercial law. The principle that if a party’s negligence contributes to an unauthorized signing or a material alteration in a negotiable instrument, that party is estopped from raising this issue against later parties who transfer or pay the instrument in good faith. • Examples of negligence include leaving blanks or spaces on the
breach of the peace
breach of the peace. The criminal offense of creating a public disturbance or engaging in disorderly conduct, particularly by making an unnecessary or distracting noise. — Also termed breach of peace; disturbing the peace; disturbance of the peace; public disturbance. See disorderly conduct under CONDUCT. [Cases: Breach of the Peace 1–14. C.J.S. Breach of the
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predicate act
predicate act. 1. See predicate offense under OFFENSE(1). 2. See lesser included offense under OFFENSE(1). 3. Under RICO, one of two or more related acts of racketeering necessary to establish a pattern. See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT . [Cases: Racketeer Influenced and Corrupt Organizations 5, 103.]