postea (poh-stee-[schwa]), n. [Latin “afterwards”] Hist. A formal statement, endorsed on the trial record, giving an account of the proceedings at trial; a record of what occurred at nisi prius after the issue had been joined. “With the verdict of the jury [in the 15th–18th centuries] … the proceedings at nisi prius closed, and the […]
writ of error. 1. A writ issued by an appellate court directing a lower court to deliver the record in the case for review. Cf. ASSIGNMENT OF ERROR. [Cases: Appeal and Error 5, 398. C.J.S. Appeal and Error §§ 9–12, 18, 356, 724.] “The writ of error is the most common of all the forms
expensilatio (ek-spen-sI-lay-shee-oh), n. [Latin] Roman law. An entry to the debit of one party in the account book of another party, esp. as part of a literal contract. See literal contract (1) under CONTRACT. Pl. expensilationes (ek-spen-sI-lay-shee-oh-neez).
rule of optional completeness. The evidentiary rule providing that when a party introduces part of a writing or an utterance at trial, the opposing party may require that the remainder of the passage be read to establish the full context. • The rule has limitations: first, no utterance can be received if it is irrelevant,
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departure, n. 1. A deviation or divergence from a standard rule, regulation, measurement, or course of conduct (an impermissible departure from sentencing guidelines). downward departure. In the federal sentencing guidelines, a court’s imposition of a sentence more lenient than the standard guidelines propose, as when the court concludes that a criminal’s history is less serious
tally. 1. Hist. A stick cut into two parts and marked with notches to show what was due between a debtor and creditor. “The tally, used as a receipt for money or chattels, was a narrow wooden stick with notches of varying dimensions to represent the amount received. After the notches had been cut, the
A demand that a member draws against a credit-union share account, payable to a third party. • A share draft is similar to a check that is written to draw funds out of a checking account at a bank. [Cases: Building and Loan Associations 24, 40. C.J.S. Building and Loan Associations, Savings and Loan Associations,
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
propter rem ipsam non habitam (prop-t[schwa]r rem ip-s[schwa]m non hab-[ schwa]-t[schwa]m). [Law Latin] Hist. On account of not having had possession of the thing itself. • The phrase appeared in reference to damages suffered by a party who failed to receive a thing for which the party had contracted.
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protest, n. 1. A formal statement or action expressing dissent or disapproval. • Under some circumstances, a protest is lodged to preserve a claim or right. 2. A notary public’s written statement that, upon presentment, a negotiable instrument was neither paid nor accepted. — Also termed initial protest; noting protest. Cf. NOTICE OF DISHONOR. [Cases: