accrue ([schwa]-kroo), vb. 1. To come into existence as an enforceable claim or right; to arise (the plaintiff’s cause of action for silicosis did not accrue until the plaintiff knew or had reason to know of the disease). [Cases: Action 61; Limitation of Actions 43–114. C.J.S. Actions §§ 230–234; Contracts § 582; Employ-er–Employee Relationship § […]
concessi (k[schwa]n-ses-I). [Latin] Hist. I have granted. • Concessi creates a covenant in a lease for years; it does not warrant title. Concessi often appeared in the phrase demisi, concessi, et ad firmam tradidi (“demised, granted, and let to farm”). Cf. DEDI. “Concessi (a word much used in Conveyances). In Law it creates a Covenant,
A physical characteristic of real property, brought about by a person’s affirmative act instead of by natural forces.
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A pleading that is partly affirmative and partly negative in its allegations.
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John Doe 约翰·多伊 亦可译作「某甲」。在英格兰中世纪法律中有一种特殊的不法侵占之诉，称为「逐出侵占租地者之诉」〔ejectione firmae〕。但该格式诉讼原只能用于救济那些根据租地契约有权占有土地的人，这种格式诉讼要求原告证明他与土地保有人订有租地契约，曾根据租地契约进占了土地，以及从出租地将其逐出的第三者。后来，这种诉讼用于收复可继承不动产的诉讼时，不得不引进两层拟制来满足这些要求。虚拟的「John Doe」被引进作为名义的原告与事实上的原告签订虚拟的租地契约。其后，John Doe被虚拟的第三者Richard Roe从租地上逐出。通过这类拟制，绕过了原先不动产格式诉讼中的繁文缛节。按梅因的说法，拟制是法律发展的一种途径，尽管有人认为这一说法有言过其实之嫌。 (→ejectment)
best interests of creditors. Bankruptcy. A test for confirmation of a reorganization plan whereby the court inquires into whether the plan ensures that the value of property to be distributed to each creditor is at least the amount that the creditor would receive if the debtor’s estate were liquidated in a Chapter 7 case. •
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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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An easement that prohibits the servient-estate owner from doing something, such as building an obstruction. Cf. affirmative easement. [Cases: Covenants 20; Easements 13. C.J.S. Easements § 59.]
concealment, n. 1. The act of refraining from disclosure; esp., an act by which one prevents or hinders the discovery of something; a cover-up. 2. The act of removing from sight or notice; hiding. 3. Insurance. The insured’s intentional withholding from the insurer material facts that increase the insurer’s risk and that in good faith
Pasula–Robinette test. The principle that if a miner establishes a prima facie case of retaliation for filing a claim under the Mine Safety and Health Act, the mine operator can still prevail by proving, as an affirmative defense, that (1) the miner did not engage in a protected activity, (2) the adverse action was based
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