authentication, n. 1. Broadly, the act of proving that something (as a document) is true or genuine, esp. so that it may be admitted as evidence; the condition of being so proved (authentication of the handwriting). [Cases: Criminal Law 444; Evidence 366–381.] 2. Specif., the assent to or adoption of a writing as one’s own. […]
integrated contract. One or more writings constituting a final expression of one or more terms of an agreement. — Also termed integrated agreement; integrated writing. See INTEGRATION(2). [Cases: Contracts 245; Evidence 397(2). C.J.S. Contracts § 416; Evidence §§ 1159–1160, 1278–1280.] completely integrated contract. An integrated agreement adopted by the parties as a full and exclusive
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parol-evidence rule. Contracts. The common-law principle that a writing intended by the parties to be a final embodiment of their agreement cannot be modified by evidence of earlier or contemporaneous agreements that might add to, vary, or contradict the writing. • This rule usu. operates to prevent a party from introducing extrinsic evidence of negotiations
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An integrated agreement adopted by the parties as a full and exclusive statement of the terms of the agreement. • The parties are therefore prohibited from varying or supplementing the contractual terms through parol (extrinsic) evidence. [Cases: Evidence 397(2). C.J.S. Evidence §§ 1159–1160, 1278–1280.]
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plea in bar. A plea that seeks to defeat the plaintiff’s or prosecutor’s action completely and permanently. general plea in bar. A criminal defendant’s plea of not guilty by which the defendant denies every fact and circumstance necessary to be convicted of the crime charged. [Cases: Criminal Law 299. C.J.S. Criminal Law § 378.] special
colloquium (k[schwa]-loh-kwee-[schwa]m). 1. The offer of extrinsic evidence to show that an allegedly defamatory statement referred to the plaintiff even though it did not explicitly mention the plaintiff. [Cases: Libel and Slander 82. C.J.S. Libel and Slander; Injurious Falsehood§§ 4, 129, 137.] 2. The introductory averments in a plaintiff’s pleading setting out all the special
meaning. The sense of anything, but esp. of words; that which is conveyed (or intended to be conveyed) by a written or oral statement or other communicative act. • The word ordinarily includes a mistaken but reasonable understanding of a communication. Cf. AMBIGUITY. objective meaning. The meaning that would be attributed to an unambiguous document
Defamation that either (1) is not apparent but is proved by extrinsic evidence showing its injurious meaning or (2) is apparent but is not a statement that is actionable per se. [Cases: Libel and Slander 33. C.J.S. Libel and Slander, Injurious Falsehood § 198.]
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A plea that, rather than addressing the merits and denying the facts alleged, sets up some extrinsic fact showing why a criminal defendant cannot be tried for the offense charged. • Examples include the plea of autrefois acquit and the plea of pardon. [Cases: Criminal Law 286. C.J.S. Criminal Law §§ 380, 453.]
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A title for which some defect appears on the face of the deed, as opposed to a defect that arises from circumstances or extrinsic evidence. • Title defective in form cannot be the basis of prescription. See PRESCRIPTION(5). [Cases: Vendor and Purchaser 129. C.J.S. Vendor and Purchaser § 314.]
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