visitation (viz-[schwa]-tay-sh[schwa]n). 1. Inspection; superintendence; direction; regulation. 2. Family law. A relative’s, esp. a noncustodial parent’s, period of access to a child. — Also termed parental access; access; parenting time; residential time. [Cases: Child Custody 175–231.] 3. The process of inquiring into and correcting corporate irregularities. [Cases: Corporations 394. C.J.S. Corporations § 582.] 4. VISIT. […]
ex provisione hominis (eks pr[schwa]-vizh-ee-oh-nee hom-[schwa]-nis). [Latin] By the provision of man; by the limitation of the party, as distinguished from the disposition of the law.
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lex Visigothorum (leks viz-[schwa]-gah-thor-[schwa]m). [Latin “law of the Visigoths”] The law of a division of the Goths (a Germanic tribe) known as the Visigoths, who conquered Spain in the 5th century. • In the late 7th century, Kings Recceswinth and Erwig imposed a Visigothic common law, and it is to this law that the phrase
beneficium divisionis (ben-[schwa]-fish-ee-[schwa]m di-vizh-ee-oh-nis). See BENEFIT OF DIVISION.
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countez (kawn-teez). [Law French] Hist. A direction given by a clerk of a court to a crier, after a jury was sworn, to count the jury members. “Of this ignorance we may see daily instances, in the abuse of two legal terms of ancient French; one, the prologue to all proclamations, ‘oyez, or hear ye,’
retributivism (ri-trib-y[schwa]-t[schwa]-viz-[schwa]m). The legal theory by which criminal punishment is justified, as long as the offender is morally accountable, regardless of whether deterrence or other good consequences would result. • According to retributivism, a criminal is thought to have a debt to pay to society, which is paid by punishment. The punishment is also sometimes
provisione legis (pr[schwa]-vizh-ee-oh-nee lee-jis). [Law Latin] Hist. By provision of law. “Heirs who succeed according to the rules of law regulating succession, without the consent or appointment of their ancestor, are said to succeed provisione legis, and are known as heirs-at-law.” John Trayner, Trayner’s Latin Maxims 494 (4th ed. 1894).
Court of Common Pleas. 1. Hist. A superior court having jurisdiction of all real actions and common pleas (i.e., actions between subjects). • The Court was presided over by a chief justice with four (later five) puisne judges. In 1873 it became the Common Pleas Division of the High Court of Justice. In 1881 it
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advisement (ad-vIz-m[schwa]nt). Careful consideration; deliberation (the judge took the matter under ad-visement and promised a ruling by the next day).
advice (ad-vIs). 1. Guidance offered by one person, esp. a lawyer, to another. See ADVICE OF COUNSEL. 2. Notice of the drawing of a draft for goods or services. See LETTER OF ADVICE. — advise (ad-vIz), vb. remittance advice. Notice that a sum of money has been sent (esp. by mail) for goods or services.