abatement ([schwa]-bayt-m[schwa]nt), n. 1. The act of eliminating or nullifying (abatement of a nuis-ance) (abatement of a writ). [C.J.S. Nuisances §§ 86–89.] 2. The suspension or defeat of a pending action for a reason unrelated to the merits of the claim (the defendant sought abatement of the suit because of misnomer). See plea in abatement […]
de warrantia chartae (dee w[schwa]-ran-shee-[schwa] kahr-tee), n. [Law Latin “of a warranty of charter”] Hist. A writ allowing a tenant enfeoffed with a warranty, who was impleaded in an assize or other action in which the tenant could not call upon the warranty, to compel the feoffor to assist the tenant with a plea or
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recital. 1. An account or description of some fact or thing (the recital of the events leading up to the accident). 2. A preliminary statement in a contract or deed explaining the reasons for entering into it or the background of the transaction, or showing the existence of particular facts (the recitals in the settlement
gist (jist). 1. The ground or essence (of a legal action) (the gist of the crime). 2. The main point (she skimmed the brief to get the gist of it). • This noun derives from the Law French verb giser “to lie.” See GISER.
praescriptis verbis (pri-skrip-tis v[schwa]r-bis). [Latin “in the words before written”] 1. Roman law. An action on a bilateral agreement under which one party had performed and required the other to perform in turn. 2. Roman law. The grounds given for the existence of a contract that falls into the class later described as innominate. •
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ex vi aut metu (eks vI awt mee-t[y]oo). [Latin] Hist. On the ground of force or fear. • The phrase appeared in reference to a basis for rescinding a transaction.
object (ob-jekt), n. 1. A person or thing to which thought, feeling, or action is directed (the natural object of one’s bounty). See NATURAL OBJECT. object of a power. A person appointable by a donee. See POWER OF APPOINTMENT. 2. Something sought to be attained or accomplished; an end, goal, or purpose (the financial objects
unfitness of a parent. Family law. A parent’s failure to exhibit a reasonable concern for, interest in, or responsibility for a child’s welfare. • Regardless of the specific ground for an allegation of unfitness, a court considers the parent’s actions and the circumstances surrounding the conduct in deciding whether unfitness has been demonstrated.
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shadow economy. Collectively, the unregistered economic activities that contribute to a country’s gross national product. • A shadow economy may involve the legal and illegal production of goods and services, including gambling, prostitution, and drug-dealing, as well as barter transactions and unreported incomes. — Also termed black economy; black market; underground economy.
aider by verdict. The cure of a pleading defect by a trial verdict, based on the presumption that the record contains adequate proof of the necessary facts even if those facts were not specifically alleged. — Also termed cure by verdict. [Cases: Indictment and Information 200–203; Pleading 432–437. C.J.S. Indictments and Informations §§ 252–256; Pleading