know all men by these presents. Take note. • This archaic form of address — a loan translation of the Latin noverint universi per praesentes — was traditionally used to begin certain legal documents such as bonds and powers of attorney, but in modern drafting style the phrase is generally considered deadwood. See NOVERINT UNIVERSI […]
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Roman–Dutch law. A system of law in Holland from the mid-15th century to the early 19th century, based on a mixture of Germanic customary law and Roman law as interpreted in medieval and Renaissance lawbooks. • This law forms the basis of modern South African law, the law of several other countries in southern Africa,
monstraverunt (mon-str[schwa]-veer-[schwa]nt). [Latin “they have showed”] Hist. A writ of relief for tenants of ancient demesne who were distrained by their lord to do more than the tenure required. — Also termed writ of monstraverunt. “The little writ serves the turn of a man who claims land according to the custom of the manor; but
Numerous similarly situated people for whom a claimant’s representative and an adversary propose a contract specifying the payment terms for the class members’ claims in exchange for the release of all claims against the adversary. • During the 1980s and 1990s, mass-tort defendants began using settlement classes as a means of foreclosing claims by some
merits. 1. The elements or grounds of a claim or defense; the substantive considerations to be taken into account in deciding a case, as opposed to extraneous or technical points, esp. of procedure (trial on the merits). 2. EQUITY(3) (on questions of euthanasia, the Supreme Court has begun to concern itself with the merits as
The seas or oceans beyond the jurisdiction of any country. • Under traditional international law, the high seas began 3 miles from the coast; today, the distance is generally accepted to be 12 miles. Under the 1982 U.N. Convention on the Law of the Sea, coastal shores now have a 200-mile exclusive economic zone. —
subdivision, n. 1. The division of a thing into smaller parts. 2. A parcel of land in a larger development. — subdivide, vb. illegal subdivision. The division of a tract of land into smaller parcels in violation of local subdivision regulations, as when a developer begins laying out streets, installing sewer and utility lines, and
arrestment. 1. The arrest of a person or of personal effects. 2. Scots law. The taking or attachment of property belonging to another person but in the possession of a third party, either to obtain security or to found jurisdiction. • The process of attachment is similar to garnishment: the property holder is ordered to
A special type of marriage in which the parties agree to more stringent requirements for marriage and divorce than are otherwise imposed by state law for ordinary marriages. • In the late 1990s, several states (beginning with Louisiana: see Acts 1997, No. 1380, § 5) passed laws providing for covenant marriages. The requirements vary, but
quominus (kwoh-m[schwa]-n[schwa]s or kwoh-mI-n[schwa]s). [Latin quo minus “by which the less”] Hist. A 14th-century Exchequer writ alleging that the plaintiff had lent the defendant a sum of money and that the plaintiff was unable to repay a debt of similar amount to the Crown because of the debt to the defendant. • In effect, the