Search Results for: special count

custom

custom, n. 1. A practice that by its common adoption and long, unvarying habit has come to have the force of law. See USAGE. [Cases: Customs and Usages 1. C.J.S. Customs and Usages § 1.] — customary, adj. conventional custom. A custom that operates only indirectly through the medium of agreements, so that it is

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entail

entail, n. A fee abridged or limited to the owner’s issue or class of issue rather than descending to all the heirs. — Also termed (in Scots law) tailzie. See BARRING OF ENTAIL; FEE TAIL. [Cases: Estates in Property 12. C.J.S. Estates §§ 22–27.] — entailable, adj. “Entail is fee entailed, viz; abridged, limited, and

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form of action

form of action. The common-law legal and procedural device associated with a particular writ, each of which had specific forms of process, pleading, trial, and judgment. • The 11 common-law forms of action were trespass, trespass on the case, trover, ejectment, detinue, replevin, debt, covenant, account, special assumpsit, and general assumpsit. [Cases: Action 29; Federal

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diplomatics

diplomatics. The science of deciphering and authenticating ancient writings. • The principles were largely developed by the Benedictine Dom Mabillon in his 1681 work entitled De re diplomatica. — Also termed diplomatic (n.). “Diplomatics, the science derived from the study of ancient diplomas, so called from being written on two leaves, or on double tablets.

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replication

replication (rep-l[schwa]-kay-sh[schwa]n). A plaintiff’s or complainant’s reply to a defendant’s plea or answer; REPLY(2). [Cases: Pleading 162. C.J.S. Pleading §§ 209, 219.] anticipatory replication. Equity pleading. In an original bill, the denial of defensive matters that the defendant might assert. • A defendant who relies on the anticipated defense must traverse the anticipatory matter in

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divisional court

An English court made up of two or more judges from the High Court of Justice sitting in special cases that cannot be disposed of by one judge. • Each division of the High Court has a divisional court, e.g., the Divisional Court of the Family Division. With the exception of the Divisional Court of

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factor

factor, n. 1. An agent or cause that contributes to a particular result ( punishment was a factor in the court’s decision). 2. An agent who is employed to sell property for the principal and who possesses or controls the property; a person who receives and sells goods for a commission (a factor was employed

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right of entry

right of entry. 1. The right of taking or resuming possession of land or other real property in a peaceable manner. 2. POWER OF TERMINATION. 3. The right to go into another’s real property for a special purpose without committing trespass. • An example is a landlord’s right to enter a tenant’s property to make

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local government

The government of a particular locality, such as a city or county; a governing body at a lower level than the state government. • The term includes a school district, fire district, transportation authority, and any other special-purpose district or authority. — Also termed municipal government. [Cases: Municipal Corporations 6. C.J.S. Municipal Corporations § 12.]

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