revival, n. 1. Restoration to current use or operation; esp., the act of restoring the validity or legal force of an expired contract or dormant judgment. — Also termed (for a dormant judgment) revival of judgment. Cf. RENEWAL(2). [Cases: Federal Civil Procedure 2399; Judgment 857–872. C.J.S. Judgments §§ 640–655.] 2. Wills & estates. The reestablishment […]
tacking. 1. The joining of consecutive periods of possession by different persons to treat the periods as one continuous period; esp., the adding of one’s own period of land possession to that of a prior possessor to establish continuous adverse possession for the statutory period. See ADVERSE POSSESSION . [Cases: Adverse Possession 39–56. C.J.S. Adverse
repose (ri-pohz), n. 1. Cessation of activity; temporary rest. 2. A statutory period after which an action cannot be brought in court, even if it expires before the plaintiff suffers any injury. See STATUTE OF REPOSE. [Cases: Limitation of Actions 1, 165. C.J.S. Limitations of Actions §§ 2–4, 10–11.]
desertion, n. The willful and unjustified abandonment of a person’s duties or obligations, esp. to military service or to a spouse or family. • In family law, the five elements of spousal desertion are (1) a cessation of cohabitation, (2) the lapse of a statutory period, (3) an intention to abandon, (4) a lack of
An easement created from an open, adverse, and continuous use over a statutory period. — Also termed easement by prescription; adverse easement. See ADVERSE POSSESSION. [Cases: Easements 5–11. C.J.S. Easements §§ 13–51.]
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consolidation, n. 1. The act or process of uniting; the state of being united. 2. Legislation. The combination into a single statutory measure of various legislative provisions that have previously been scattered in different statutes. 3. Civil procedure. The court-ordered unification of two or more actions, involving the same parties and issues, into a single
redemption, n. 1. The act or an instance of reclaiming or regaining possession by paying a specific price. [Cases: Secured Transactions 241. C.J.S. Secured Transactions § 184.] 2. Bankruptcy. A debtor’s right to repurchase property from a buyer who obtained the property at a forced sale initiated by a creditor. [Cases: Bankruptcy 3034. C.J.S. Bankruptcy
novelty. 1. Trade secrets. The newness of information that is generally unused or unknown and that gives its owner a competitive advantage in a business field. • In the law of trade secrets, novelty does not require independent conception or even originality. A rediscovered technique with marketable applications can qualify as a novelty and be
tolling agreement. An agreement between a potential plaintiff and a potential defendant by which the defendant agrees to extend the statutory limitations period on the plaintiff’s claim, usu. so that both parties will have more time to resolve their dispute without litigation. [Cases: Limitation of Actions 14. C.J.S. Limitations of Actions § 25.]
Consolidated Omnibus Budget Reconciliation Act of 1985. A federal statute requiring employers that offer group health coverage to their employees to continue to do so for a prescribed period (usu. 18 to 36 months) after employment has terminated so that the former employee can continue to benefit from group-health rates until becoming a member of
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