barratry (bar-[schwa]-tree orbair-), n. 1. Vexatious incitement to litigation, esp. by soliciting potential legal clients. • Barratry is a crime in most jurisdictions. A person who is hired by a lawyer to solicit business is called a capper. See CAPPER(1). [Cases: Champerty and Maintenance 4(.5), 5(.5), 9. C.J.S. Champerty and Maintenance, Barratry and Related Matters […]
prender de baron (pren-d[schwa]r d[schwa] bar-[schwa]n). [Law French “a taking of husband”] Hist. A plea asserting that the former wife of a murder victim should not be allowed to appeal a murder case against the alleged killer because she has since remarried.
plea in bar. A plea that seeks to defeat the plaintiff’s or prosecutor’s action completely and permanently. general plea in bar. A criminal defendant’s plea of not guilty by which the defendant denies every fact and circumstance necessary to be convicted of the crime charged. [Cases: Criminal Law 299. C.J.S. Criminal Law § 378.] special
An employer’s refusal to discuss labor issues with a union. [Cases: Labor Relations 388. C.J.S. Labor Relations §§ 153–154, 159–160, 391–395, 397.]
failure to bargain collectively Read More »
loss-of-bargain rule. The doctrine that damages for a breach of a contract should put the injured party in the position it would have been in if both parties had performed their contractual duties. [Cases: Damages 117, 120(1). C.J.S. Damages §§ 108–110.]
loss of bargain rule Read More »
good-faith bargaining. Labor law. Negotiations between an employer and a representative of employees, usu. a union, in which both parties meet and confer at reasonable times with open minds and with a view to reaching an agreement. • The National Labor Relations Act requires good-faith bargaining, and failure to bargain in good faith is considered
good faith bargaining Read More »
disbarment, n. The action of expelling a lawyer from the bar or from the practice of law, usu. because of some disciplinary violation. • One who has passed the bar, been called to the bar, or been admitted to the bar is privileged to stand inside the wooden barrier that separates the gallery from the
barring of entail. The freeing of an estate from the limitations imposed by an entail and permitting its free disposition. • This was anciently done by means of a fine or common recovery, but later by a deed in which the tenant and next heir join. — Also termed breaking of entail; disentailment. See ENTAIL.
Damages that a breaching party to a contract must pay to the aggrieved party, equal to the amounts that the aggrieved party would have received, including profits, if the contract had been fully performed. — Also termed loss-of-bargain damages. [Cases: Damages 117.]
benefit of the bargain damages Read More »