primary-caregiver doctrine. Family law. The presumption that, in a custody dispute, the parent who is a child’s main caregiver will be the child’s custodian, assuming that he or she is a fit parent. • This doctrine includes the quality and the quantity of care that a parent gives a child — but excludes supervisory care […]
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A law that includes officially promulgated explanatory materials in addition to its substantive provisions, so that courts are left with two levels of documents to construe.
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violence. The use of physical force, usu. accompanied by fury, vehemence, or outrage; esp., physical force unlawfully exercised with the intent to harm. • Some courts have held that violence in labor disputes is not limited to physical contact or injury, but may include picketing conducted with misleading signs, false statements, erroneous publicity, and veiled
American Judicature Society. An organization made up of judges, lawyers, and lay people for the purpose of improving the administration of justice. • The AJS was founded in 1913. Its interests include ensuring the judi-ciary’s independence, improving judicial selection and the performance of juries, and educating the public about the justice system. — Abbr. AJS.
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Authority needed to carry out actual or apparent authority. • For example, the actual authority to borrow money includes the incidental authority to sign commercial paper to bring about the loan. — Also termed inferred authority. [Cases: Principal and Agent 99. C.J.S. Agency §§ 153–164.]
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slate. A list of candidates, esp. for political office or a corporation’s board of directors, that usu. includes as many candidates for election as there are representatives being elected. [Cases: Corporations 283(2). C.J.S. Corporations §§ 373, 439–442.]
harm, n. Injury, loss, damage; material or tangible detriment. accidental harm. Harm not caused by any tortious act. bodily harm. Physical pain, illness, or impairment of the body. grievous bodily harm. See serious bodily injury under INJURY. physical harm. Any physical impairment of land, chattels, or the human body. serious bodily harm. See serious bodily
The professional work of a duly licensed lawyer, encompassing a broad range of services such as conducting cases in court, preparing papers necessary to bring about various transactions from conveying land to effecting corporate mergers, preparing legal opinions on various points of law, drafting wills and other estate-planning documents, and advising clients on legal questions.
Civil law. A plea by which a party other than the plaintiff asserts a claim that is related to the plaintiff’s suit. • Examples include a cross-claim, a demand against a third party, an intervention, and a reconventional demand. La. Code Civ. Proc. art. 1031.
no-right, n. The absence of right against another in some particular respect. • A no-right is the correlative of a privilege. — Also termed liability. “A says to B, ‘If you will agree to pay me $100 for this horse you may have him and you may indicate your agreement by taking him.’ This is