whereas,conj. 1. While by contrast; although (McWilliams was stopped at 10:08 p.m. wearing a green hat, whereas the assailant had been identified at 10:04 p.m. wearing a black hat). 2. Given the fact that; since (Whereas, the parties have found that their 1994 agreement did not adequately address incidental expenses …; and Whereas, the parties […]
The failure to obey a court order that was issued for another party’s benefit. • A civil-contempt proceeding is coercive or remedial in nature. The usual sanction is to confine the contemnor until he or she complies with the court order. The act (or failure to act) complained of must be within the defendant’s power
uti mos est in feudifirmis (yoo-tImahs est in fyoo-di-f[schwa]r-mis). [Law Latin] Scots law. As is the custom in feu-holdings.
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writ of proclamation. Hist. A writ, issued at the time an exigent was issued, ordering the sheriff of the county of a defendant’s residence to make three proclamations of outlawry in a public and notorious place a month before the outlawry is declared. See OUTLAW.
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joint venture. A business undertaking by two or more persons engaged in a single defined project. • The necessary elements are: (1) an express or implied agreement; (2) a common purpose that the group intends to carry out; (3) shared profits and losses; and (4) each member’s equal voice in controlling the project. — Also
ad quod damnum (ad kwod dam-n[schwa]m). [Latin “to what damage”] Hist. A writ directing the sheriff to inquire of jurors under oath to what damage a grant (as of a fair, market, liberty, or other franchise) would be to various people if the king were to make the grant. • The writ was issuable from
A judge’s bias toward one or more of the parties to a case over which the judge presides. • Judicial bias is usu. insufficient to justify disqualifying a judge from presiding over a case. To justify disqualification or recusal, the judge’s bias usu. must be personal or based on some extrajudicial reason. [Cases: Judges 49.
public policy. 1. Broadly, principles and standards regarded by the legislature or by the courts as being of fundamental concern to the state and the whole of society. • Courts sometimes use the term to justify their decisions, as when declaring a contract void because it is “contrary to public policy.” — Also termed policy
facias (fay-shee-[schwa]s). [Law Latin] That you cause. • Facias is used in writs as an emphatic word. See FIERI FACIAS; LEVARI FACIAS; SCIRE FACIAS. It also appears in the phrase ut facias (“so that you do”). See DO UT FACIAS; FACIO UT DES; FACIO UT FACIAS.
paying quantities. Oil & gas. An amount of mineral production from a single well sufficient to justify a reasonably prudent operator to continue producing from that well. • Most jurisdictions interpret the language “for so long thereafter as oil and gas is produced” in habendum clauses to mean so long as paying quantities are produced.