abatement ([schwa]-bayt-m[schwa]nt), n. 1. The act of eliminating or nullifying (abatement of a nuis-ance) (abatement of a writ). [C.J.S. Nuisances §§ 86–89.] 2. The suspension or defeat of a pending action for a reason unrelated to the merits of the claim (the defendant sought abatement of the suit because of misnomer). See plea in abatement […]
levandae navis causa (l[schwa]-van-dee nay-vis kaw-z[schwa]), n. [Latin “for the sake of lightening the ship”] Maritime law. The practice of throwing goods overboard to avoid total loss, entitling the owner to compensation from other participants in the maritime venture. See JETTISON; general average under AVERAGE.
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Oil & gas. A well-drilling agreement between a drilling contractor, who owns drilling rigs and associated equipment, and the owner or lessor of the mineral rights. • The contract spells out the rights and duties of the parties. In general, the more control the interest-owner retains over the contractor, the more liability the owner is
heirloom. 1. An item of personal property that by local custom, contrary to the usual legal rule, descends to the heir along with the inheritance, instead of passing to the executor or administrator of the last owner. • Traditional examples are an ancestor’s suit of armor, family portraits, title deeds, and keys. Blackstone gave a
joint-check rule. The principle that, when an owner or general contractor issues a check that is made jointly payable to a subcontractor and the subcontractor’s materialman, the materialman’s indorsement on the check certifies that it has been paid all amounts due to it, up to the amount of the check. • This rule protects the
A written and signed waiver of a subcontractor’s mechanic’s lien rights, usu. submitted to enable the owner or general contractor to receive a draw on a construction loan. [Cases: Mechanics’ Liens 208. C.J.S. Mechanics’ Liens §§ 252–253.]
support, n. 1. Sustenance or maintenance; esp., articles such as food and clothing that allow one to live in the degree of comfort to which one is accustomed. See MAINTENANCE; NECESSARIES. “Generally speaking, the words ‘support’ and ‘maintenance’ are used synonymously to refer to food, clothing and other conveniences, and shelter, including, in some cases,
bounty-land warrant. Hist. A state- or federal-government-issued certificate affirming a veteran’s eligibility to apply for ownership of a certain amount of public land. • A veteran had to apply for a bounty-land warrant; it was not automatically granted. When the application was approved, the veteran received notice that the warrant had been issued in the
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nomen (noh-men or -m[schwa]n), n. [Latin] 1. Roman law. A personal name. • A Roman citizen generally had three names: a praenomen (“first name”), a nomen (“the name of the family group”), and cognomen (“a surname”). 2. Hist. A person’s first name. 3. More broadly, any name. Pl. nomina. See AGNOMEN. nomen collectivum (noh-men kol-[schwa]k-tI-v[schwa]m).
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