stare decisis (stahr-ee di-sI-sis orstair-ee), n. [Latin “to stand by things decided”] The doctrine of precedent, under which it is necessary for a court to follow earlier judicial decisions when the same points arise again in litigation. See PRECEDENT; NON QUIETA MOVERE. Cf. RES JUDICATA; LAW OF THE CASE ; (in civil law) jurisprudence constante […]
advice-of-counsel defense. Patents. In an action for infringement, an assertion that after learning of the owner’s rights, the defendant sought, obtained, and relied on an attorney’s well-reasoned opinion before continuing the challenged act. • Courts treat the assertion as a factor in determining whether an act was willful (to support en-hanced damages). It is not
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custos morum (k[schwa]s-tahs mor-[schwa]m). [Law Latin] Custodian of morals (H.L.A. Hart believed that courts should not be seen as the custos morum). • This name was sometimes used in reference to the Court of King’s Bench. “[H]e [Viscount Simonds] approved the assertion of Lord Mansfield two centuries before that the Court of King’s Bench was
Evidence suggesting that an alleged fact does not exist, such as a witness’s testifying that he or she did not see an event occur. • Negative evidence is generally regarded as weaker than positive evidence because a positive assertion that a witness saw an event is a stronger statement than an assertion that a witness
Estoppel recognized in law (as distinguished from equitable estoppel or estoppel in pais), such as an estoppel resulting from a recital or other statement in a deed or official record, and precluding any denial or assertion concerning a fact. [Cases: Estoppel 1–51. C.J.S. Estoppel §§ 3, 5–54, 201–204, 206–208, 210–211.]
vindicta (vin-dik-t[schwa]), n. Roman law. 1. A rod or wand. 2. The assertion of freedom or ownership by symbolically touching the person or thing with a rod. See FESTUCA.
slander, n. 1. A defamatory assertion expressed in a transitory form, esp. speech. • Damages for slander — unlike those for libel — are not presumed and thus must be proved by the plaintiff (unless the defamation is slander per se). [Cases: Libel and Slander 1, 24. C.J.S. Libel and Slander; Injurious Falsehood§§ 2, 5–6,
hearsay. 1. Traditionally, testimony that is given by a witness who relates not what he or she knows personally, but what others have said, and that is therefore dependent on the credibility of someone other than the witness. • Such testimony is generally inadmissible under the rules of evidence. 2. In federal law, a statement
demand of oyer. Hist. The assertion of a party’s right to hear, read, or inspect a deed of which profert is made by the opposing party in a pleading. See OYER(3).