substantial-performance doctrine. The rule that if a good-faith attempt to perform does not precisely meet the terms of an agreement or statutory requirements, the performance will still be considered complete if the essential purpose is accomplished, subject to a claim for damages for the shortfall. • Under the Uniform Probate Code, a will that is […]
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combination. 1. An alliance of individuals or corporations working together to accomplish a common (usu. economic) goal. See COMBINATION IN RESTRAINT OF TRADE . 2. CONSPIRACY. 3. STRADDLE. 4. Patents. A union of old and new elements in an invention. • The term encompasses not only a combination of mechanical elements but also a combination
causa cognita (kaw-z[schwa] kog-ni-t[schwa]). [Latin] Hist. After investigation; the cause (or facts) having been ascertained. Cf. POST CAUSAM COGNITAM . “Formerly, inhibitions were not granted except causa cognita (although a different rule now prevails), because they imposed a restraint on the full exercise of the rights of property; and in our own time decrees of
innocence, n. The absence of guilt; esp., freedom from guilt for a particular offense. Cf. GUILT. actual innocence. Criminal law. The absence of facts that are prerequisites for the sentence given to a defendant. • In death-penalty cases, actual innocence is an exception to the cause-and-prejudice rule, and can result in a successful challenge to
fruit-of-the-poisonous-tree doctrine. Criminal procedure. The rule that evidence derived from an illegal search, arrest, or interrogation is inadmissible because the evidence (the “fruit”) was tainted by the illegality (the “poisonous tree”). • Under this doctrine, for example, a murder weapon is inadmissible if the map showing its location and used to find it was seized
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Garner doctrine. The rule that allows shareholder plaintiffs in a corporate derivative action to discover confi-dential communications between a corporate officer and the corporation’s attorney. • The Garner doctrine does not apply to attorney work product, and the movant must show good cause. Garner v. Wolfinbarger, 430 F.2d 1093 (5th Cir. 1970). See DERIVATIVE ACTION(1).
per incuriam (p[schwa]r in-kyoor-ee-[schwa]m), adj. (Of a judicial decision) wrongly decided, usu. because the judge or judges were ill-informed about the applicable law. “There is at least one exception to the rule of stare decisis. I refer to judgments rendered per incuriam. A judgment per incuriam is one which has been rendered inadvertently. Two examples
appointment, n. 1. The designation of a person, such as a nonelected public official, for a job or duty; esp., the naming of someone to a nonelected public office (Article II of the U.S. Constitution grants the President the power of appointment for principal federal officials, subject to senatorial consent). [Cases: Officers and Public Employees
par value. The value of an instrument or security as shown on its face; esp., the arbitrary dollar amount assigned to a stock share by the corporate charter, or the principal of a bond. — Often shortened to par. — Also termed face amount; face value; nominal value; stated value. [Cases: Corporations 99(3). C.J.S. Corporations
Criminal law. The absence of facts that are prerequisites for the sentence given to a defendant. • In death-penalty cases, actual innocence is an exception to the cause-and-prejudice rule, and can result in a successful challenge to the death sentence on the basis of a defense that was not presented to the trial court. The