comperendinatio (kom-p[schwa]r-en-d[schwa]-nay-shee-oh), n. [Latin “to remand to the next day but one”] Roman law. An adjournment of an action, particularly one of the actiones legis, to hear the parties or their advocates a second time; a second hearing of the parties to a case. • The judge (judex) would decide the case at the conclusion […]
causa scientiae (kaw-z[schwa] sI-en-shee-ee). [Law Latin] Scots law. Cause of knowledge. • The phrase typically referred to a witness’s basis for drawing a particular conclusion, esp. in a case involving scientific ex-pertise.
et de hoc ponit se super patriam (et dee hok poh-nit see s[y]oo-p[schwa]r pay-tree-[schwa]m). [Latin] Hist. And of this he puts himself upon the country. • This was the formal conclusion of a common-law plea in bar by way of traverse.
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master’s report. A master’s formal report to a court, usu. containing a recommended decision in a case as well as findings of fact and conclusions of law. [Cases: Federal Civil Procedure 1896; Reference 83–97. C.J.S. References §§ 78, 81–90, 127.]
patria (pay-tree-[schwa] orpa-tree-[schwa]), n. [Latin] 1. Roman law. The fatherland; a person’s home area. 2. Hist. The country or the area within it, such as a county or neighborhood. 3. Hist. A jury, as when a defendant “puts himself upon the country” (ponit se super patriam). See CONCLUSION TO THE COUNTRY ; GOING TO THE
illegitimate, adj. 1. (Of a child) born out of lawful wedlock and never having been legitimated (illegitimate son). • A child conceived while the mother is married but born after she is divorced or widowed is considered legitimate. [Cases: Children Out-of-Wedlock 1. C.J.S. Children Out-of-Wedlock §§ 2–11.] 2. Against the law; unlawful (illegitimate contract for
work product. Tangible material or its intangible equivalent — in unwritten or oral form — that was either prepared by or for a lawyer or prepared for litigation, either planned or in progress. • Work product is generally exempt from discovery or other compelled disclosure. The term is also used to describe the products of
against the form of the statute. Contrary to the statutory requirements. • This formal phrase, which traditionally concludes an indictment, indicates that the conduct alleged contravenes the cited statute and therefore constitutes a criminal offense. In modern contexts, the full conclusion often reads: “against the form of the statute in such case made and provided.”
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non memini (non mem-[schwa]-nI). [Law Latin] Scots law. I do not remember. • The phrase appeared in reference to an oath in which one person swore no remembrance of a transaction. “Where a party to whose oath the resting-owing of a debt, or a payment, is referred, swears that he does not remember receiving the
breach of the peace. The criminal offense of creating a public disturbance or engaging in disorderly conduct, particularly by making an unnecessary or distracting noise. — Also termed breach of peace; disturbing the peace; disturbance of the peace; public disturbance. See disorderly conduct under CONDUCT. [Cases: Breach of the Peace 1–14. C.J.S. Breach of the
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