melius inquirendum (mee-lee-[schwa]s in-kw[schwa]-ren-d[schwa]m), n. [Law Latin “to be better inquired into”] Hist. A writ ordering the escheator to investigate a matter further, as by inquiring who is the next heir of a party who died seised of lands.
melius inquirendum Read More »
blank consent. A general authorization from a natural parent who voluntarily relinquishes a child for private adoption and allows adoption proceedings without further consent. • Jurisdictions are divided over whether a blank consent is valid if the natural parents do not identify and approve the prospective adoptive parents. — Also termed blanket consent; general consent.
contrectatio (kon-trek-tay-shee-oh), n. [fr. Latin contrectare “to touch or handle”] Hist. The act of laying hands on another’s property with the intent of taking, misappropriating, or misusing it. • This term implied a greater cul-pability than simply taking property without the owner’s permission and, under Roman law, was an element of theft (furtum). Pl. contrectationes
execute, vb. 1. To perform or complete (a contract or duty) (once the contract was fully executed, the parties owed no further contractual duties to each other). [Cases: Contracts 6. C.J.S. Contracts § 8.] 2. To change (as a legal interest) from one form to another (the shifting use was executed into a valid legal
novi operis nuntiatio (noh-vIahp-[schwa]-ris n[schwa]n-shee-ay-shee-oh). [Latin “new work protest”] Roman law. A protest against an opus novum (“new work”). • A person whose rights were impaired by the building of a new structure could protest to the praetor. The praetor could order the builder to give the protestor a security against any loss caused by
novi operis nuntiatio Read More »
Eccles. law. A deadline imposed by the judge for all parties to renounce any further exhibits and allegations.
hypothec (hI-poth-ek or hi-).Civil law. A mortgage given to a creditor on property to secure a debt; HYPOTHECA. landlord’s hypothec. Scots law. The lessor’s right of security for rent in articles, furniture, and equipment (other than tools of the tenant’s trade) that the tenant brought onto the leased premises. • Unlike the English remedy of
Goods that are used in connection with a home. • This term usu. arises when a warehouser claims a lien on what he or she asserts are “household” goods. According to the UCC, a warehouser may claim a lien on a depositor’s furniture, furnishings, and personal effects that are used in a dwelling. UCC §
piercing the corporate veil. The judicial act of imposing personal liability on otherwise immune corporate officers, directors, and shareholders for the corporation’s wrongful acts. — Also termed disregarding the corporate entity; veil-piercing. See CORPORATE VEIL. [Cases: Corporations 1.4(1). C.J.S. Corporations §§ 9, 13.] “[C]ourts sometimes apply common law principles to ‘pierce the corporate veil’ and
piercing the corporate veil Read More »
heat of passion. Rage, terror, or furious hatred suddenly aroused by some immediate provocation, usu. another person’s words or actions. • At common law, the heat of passion could serve as a mitigating circumstance that would reduce a murder charge to manslaughter. — Also termed sudden heat of passion; sudden heat; sudden passion; hot blood;