pendent venue doctrine
pendent-venue doctrine. The principle that once venue is established for a federal claim, proof of venue for additional federal claims, cross-claims, and counterclaims is unnecessary.
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Search Results for: UNNECESSARY
hardship
hardship. 1. Privation; suffering or adversity. 2. The severity with which a proposed construction of law would bear on a particular case, sometimes forming a basis (also known as an argument ab inconvenienti) against the construction. See AB INCONVENIENTI; HARD CASE. [Cases: Statutes 181(2). C.J.S. Statutes § 318.] 3. Family law. A condition that makes
obiter dictum
(ob-i-t[schwa]r dik-t[schwa]m). [Latin “something said in passing”] A judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive). — Often shortened to dictum or, less commonly, obiter. Pl. obiter dicta See DICTUM. Cf. HOLDING(1); RATIO DECIDENDI.
discovery abuse
discovery abuse. 1. The misuse of the discovery process, esp. by making overbroad requests for information that is unnecessary or beyond the scope of permissible disclosure or by conducting discovery for an improper purpose. [Cases: Federal Civil Procedure 1261, 1278; Pretrial Procedure 28. C.J.S. Discovery §§ 2, 6–7, 21.] “The term ‘discovery abuse’ has been
total offset rule
total-offset rule. Torts. A theory of damages holding that the eroding effect of inflation offsets the accrual of interest on an award and makes it unnecessary to discount future damages to their present value.
breach of the peace
breach of the peace. The criminal offense of creating a public disturbance or engaging in disorderly conduct, particularly by making an unnecessary or distracting noise. — Also termed breach of peace; disturbing the peace; disturbance of the peace; public disturbance. See disorderly conduct under CONDUCT. [Cases: Breach of the Peace 1–14. C.J.S. Breach of the
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lease and release
lease and release. Hist. A method of transferring seisin without livery, whereby the owner and the transferee would enter into a lease for a term of years, to take effect only when the transferee entered the property, whereupon the owner would release all interest in the property to the transferee by written instrument. • Once
future advance clause
future-advance clause. A contractual term in a security agreement covering additional loaned amounts on present collateral or collateral to be acquired in the future, regardless of whether the secured party is obliged to make the advances; esp., a provision in an open-end mortgage or deed of trust allowing the borrower to borrow additional sums in
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preliminary objection
preliminary objection. Int’l law. In a case before an international tribunal, an objection that, if upheld, would render further proceedings before the tribunal impossible or unnecessary. • An objection to the court’s jurisdiction is an example of a preliminary objection.
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