conventional lien
A lien that is created by the express agreement of the parties, in circumstances in which the law would not create a lien.
Search Results for: CONVENTIONAL LAW
conventional custom
A custom that operates only indirectly through the medium of agreements, so that it is accepted and adopted in individual instances as conventional law between the parties to those agreements. — Also termed usage. See USAGE.
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custom
custom, n. 1. A practice that by its common adoption and long, unvarying habit has come to have the force of law. See USAGE. [Cases: Customs and Usages 1. C.J.S. Customs and Usages § 1.] — customary, adj. conventional custom. A custom that operates only indirectly through the medium of agreements, so that it is
remission
remission. 1. A cancellation or extinguishment of all or part of a financial obligation; a release of a debt or claim. [Cases: Release 1. C.J.S. Release §§ 2–3, 5–8, 19.] conventional remission. Civil law. A remission expressly granted to a debtor by a creditor having capacity to alienate. La. Civ. Code art. 1840. tacit remission.
sequestration
sequestration (see-kwes-tray-sh[schwa]n), n. 1. The process by which property is removed from the possessor pending the outcome of a dispute in which two or more parties contend for it. Cf. ATTACHMENT(1); GARNISHMENT. [Cases: Sequestration 1. C.J.S. Sequestration §§ 2–3, 5.] conventional sequestration. The parties’ voluntary deposit of the property at issue in a lawsuit. judicial
judicial compensation
judicial compensation. 1. The remuneration that judges receive for their work. [Cases: Judges 22. C.J.S. Judges § 75.] 2. Civil law. A court’s judgment finding that two parties are mutually obligated to one another and crafting the amount of the judgment in accordance with the amount that each party owes. • A claim for compensation
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clear and present danger test
clear-and-present-danger test. Constitutional law. The doctrine allowing the government to restrict the First Amendment freedoms of speech and press if necessary to prevent immediate and severe danger to interests that the government may lawfully protect. • This test was formulated by Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct.
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incidental demand
Civil law. A plea by which a party other than the plaintiff asserts a claim that is related to the plaintiff’s suit. • Examples include a cross-claim, a demand against a third party, an intervention, and a reconventional demand. La. Code Civ. Proc. art. 1031.
interest as damages
Interest allowed by law in the absence of a promise to pay it, as compensation for a delay in paying a fixed sum or a delay in assessing and paying damages. Cf. conventional interest.
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