ne admittas (nee ad-mit-[schwa]s), n. [Latin “that you admit not”] Eccles. law. A writ prohibiting a bishop, usu. in a quare impedit action, from admitting the other party’s clerk to be a parson of a church. • After a party institutes a quare impedit action to enforce a right to propose a clerk to the […]
close, n. 1. An enclosed portion of land. 2. The interest of a person in a particular piece of land, enclosed or not. 3. The final price of a stock at the end of the exchange’s trading day. close, vb. 1. To conclude; to bring to an end (the case was closed). 2. To conclude
against the form of the statute. Contrary to the statutory requirements. • This formal phrase, which traditionally concludes an indictment, indicates that the conduct alleged contravenes the cited statute and therefore constitutes a criminal offense. In modern contexts, the full conclusion often reads: “against the form of the statute in such case made and provided.”
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closing. The final meeting between the parties to a transaction, at which the transaction is consummated; esp., in real estate, the final transaction between the buyer and seller, whereby the conveyancing documents are concluded and the money and property transferred. — Also termed settlement.
departure, n. 1. A deviation or divergence from a standard rule, regulation, measurement, or course of conduct (an impermissible departure from sentencing guidelines). downward departure. In the federal sentencing guidelines, a court’s imposition of a sentence more lenient than the standard guidelines propose, as when the court concludes that a criminal’s history is less serious
rest, vb. 1. (Of a litigant) to voluntarily conclude presenting evidence in a trial (after the police officer’s testimony, the prosecution rested). 2. (Of a litigant) to voluntarily conclude presenting evidence in (a trial) (the defense rested its case after presenting just two witnesses). • In sense 1, the verb is intransitive; in sense 2,
audience test. Copyright. A judicial analysis used to determine whether the lay observer or an ordinary, reasonable audience would conclude that the protectable expression in a copyrighted work is substantially similar to the expression in the accused work. — Also termed ordinary-observer test; ordinary-lay-observer test. [Cases: Copyrights and Intellectual Property 53(1).]
substantial-certainty test. Copyright. The test for deciding whether a second work was copied from the first. • The question is whether a reasonable observer would conclude with substantial certainty that the second work is a copy. [Cases: Copyrights and Intellectual Property 53(1).]
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manifestation theory. Insurance. The doctrine that coverage for an injury or disease falls to the policy in effect when the symptoms of the covered injury or disease first appear. Cf. EXPOSURE THEORY; ACTUAL-INJURY TRIGGER; TRIPLE TRIGGER . [Cases: Insurance 2265. C.J.S. Insurance §§ 429–430.] “Some injuries do not manifest themselves until a period of time
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