Defamation. The privilege protecting (1) any statement made in a legislature by one of its members, and (2) any paper published as part of legislative business. — Also termed (in a parliamentary system) parliamentary privilege. [Cases: Libel and Slander 37. C.J.S. Libel and Slander; Injurious Falsehood § 76.]
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quamdiu bene se gesserint (kwam-dee-yoo bee-nee see jes-[schwa]r-int). [Law Latin] As long as they shall conduct themselves properly. • This term refers to the holding of an office, specif. the Act of Settlement, 1700, ch. 2, which provided that a judge’s tenure was no longer at the king’s pleasure, but could continue until death or
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point, n. 1. A pertinent and distinct legal proposition, issue, or argument ( point of error). 2. Parliamentary law. Any of several kinds of requests made in a deliberative body. See REQUEST. point of clarification. A question about procedure or substance. point of information. An inquiry asking a question about a motion’s merits or effect.
declaratory theory. The belief that judges’ decisions never make law but instead merely constitute evidence of what the law is. • This antiquated view — held by such figures as Coke and Blackstone — is no longer accepted. “There are … at least three good reasons why the declaratory theory should have persisted for some
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casus omissus (kay-s[schwa]s [schwa]-mis-[schwa]s). [Latin “case omitted”] A situation not provided for by a statute or contract, and therefore governed by caselaw or new judge-made law. Pl. casus omissi. Cf. CASUS(2). [Cases: Statutes 186. C.J.S. Statutes § 320.] “At times a state of war appears to exist between the courts and the parliamentary draftsman. The
reconsider, vb. To discuss or take up (a matter) again (legislators voted to reconsider the bill). • Under parliamentary law, a motion to reconsider sets aside a certain vote already taken and restores the motion on which the vote is being reconsidered to its status immediately before the vote occurred. Making a motion to reconsider
yield, n. Profit expressed as a percentage of the investment. — Also termed yield on investment; return. See RATE OF RETURN. coupon yield. The annual interest paid on a security (esp. a bond) divided by the security’s par value. — Also termed nominal yield. current yield. The annual interest paid on a security (esp. a
husting. (usu. pl.) [Old English] 1. Hist. A deliberative assembly, esp. one called by the king or other leader. 2. Hist. COURT OF HUSTINGS. 3. Hist. The raised platform used by officials of the Court of Hustings. 4. Hist. The raised platform used to nominate candidates for Parliament. • This practice ended after passage of
Coventry Act (k[schwa]v-[schwa]n-tree orkov-). An 1803 English statute establishing the death penalty for anyone who, with malice aforethought, did “cut out or disable the tongue, put out an eye, slit the nose, cut off a nose or lip, or cut off or disable any limb or member of any subject; with the intention in so
ruling, n. 1. The outcome of a court’s decision either on some point of law or on the case as a whole. — Also termed legal ruling. Cf. JUDGMENT(1); OPINION(1). [Cases: Courts 88. C.J.S. Courts § 139; Trade-Marks, Trade-Names, and Unfair Competition § 187.] “A distinction is sometimes made between rules and rulings. Whether or