recital. 1. An account or description of some fact or thing (the recital of the events leading up to the accident). 2. A preliminary statement in a contract or deed explaining the reasons for entering into it or the background of the transaction, or showing the existence of particular facts (the recitals in the settlement […]
See CONTINUATION; CONTINUATION-IN-PARTT. grandparent application. The first-filed application in a chain of at least three continuation or continuation-in-part patent applications. [Cases: Patents 110. C.J.S. Patents § 156.]
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A prosecution that seeks to circumvent a defendant’s double-jeopardy protection by appearing to be prosecuted by another sovereignty, when it is in fact controlled by the sovereignty that already prosecuted the defendant for the same crime. • A sham prosecution is, in essence, a misuse of the dual-sovereignty doctrine. Under that doctrine, a defendant’s protection
A judgment that has not been executed or enforced within the statutory time limit. • As a result, any judgment lien may have been lost and execution cannot be issued unless the judgment creditor first revives the judgment. See REVIVAL(1).
insinuation of a will. Civil law. The first production of a will for probate.
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slight-evidence rule. 1. The doctrine providing that, when there is evidence establishing the existence of a conspiracy between at least two other people, the prosecution need only offer slight evidence of a defendant’s knowing participation or intentional involvement in the conspiracy to secure a conviction. • This rule was first announced in Tomplain v. United
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insanity defense. Criminal law. An affirmative defense alleging that a mental disorder caused the accused to commit the crime. See 18 USCA § 17; Fed. R. Crim. P. 12. 2. • Unlike other defenses, a successful insanity defense may not result in in acquittal but instead in a special verdict (“not guilty by reason of
de idiota inquirendo (dee id-ee-oh-t[schwa] in-kwI-ren-doh or in-kw[schwa]-ren-doh). [Latin “of inquiring concerning an idiot”] Hist. A writ directing the sheriff to open an inquiry before a jury of 12 into whether a person is an idiot, that is, mentally incapable of managing personal affairs.
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last-employer rule. The doctrine that liability for an occupational injury or illness falls to the employer that exposed the worker to the injurious substance just before the first onset of the disease or injury. — Also termed last-injurious-exposure rule. [Cases: Workers’ Compensation 201. C.J.S. Workmen’s Compensation §§ 120, 125–127.]
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Noerr–Pennington doctrine. The principle that the First Amendment shields from liability (esp. under antitrust laws) companies that join together to lobby the government. • The doctrine derives from a line of Supreme Court cases beginning with Eastern R.R. Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 81 S.Ct. 523 (1961), and United Mine
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