culpa (k[schwa]l-p[schwa]). [Latin] 1. Roman & civil law. Fault, neglect, or negligence; unintentional wrong. See NEGLIGENCE. Cf. DILIGENTIA; CASUS (1); DOLUS(1). 2. Roman law. Conduct that made a party to a contract, or quasi-contract, liable to the other party. lata culpa (lay-t[schwa] k[schwa]l-p[schwa]). [Latin “grave fault”] Gross negligence amounting to bad fath (dolus). • This […]
excussio (ek-sk[schwa]-s[h]ee-oh), n. [Latin] Roman & civil law. A diligent prosecution of a remedy against a debtor; the exhausting of a remedy against a principal debtor before resorting to a surety.
equitable tolling. 1. The doctrine that the statute of limitations will not bar a claim if the plaintiff, despite diligent efforts, did not discover the injury until after the limitations period had expired. • Equitable tolling does not require misconduct by the defendant. [Cases: Limitation of Actions 104. 5. C.J.S. Limitations of Actions §§ 85–86,
dismissed for want of prosecution. (Of a case) removed from the court’s docket because the plaintiff has failed to pursue the case diligently toward completion. See dismissal for want of prosecution under DISMISSAL(1). [Cases: Federal Civil Procedure 1758; Pretrial Procedure 581–602. C.J.S. Dismissal and Nonsuit §§ 43, 51, 67–73.]
dismissed for want of prosecution Read More »
United States Trade Representative. The top U.S. trade negotiator and adviser to the President on foreign-trade policy. • The Cabinet-level office is responsible for making annual reports on nations that do not act diligently to stop piracy of copyrighted material. The Trade Representative holds the rank of ambassador. See OFFICE OF THE UNITED STATES TRADE
united states trade representative Read More »
lost, adj. 1. (Of property) beyond the possession and custody of its owner and not locatable by diligent search (lost at sea) (lost papers). 2. (Of a person) missing (lost child). 3. Parliamentary law. (Of a motion) rejected; not adopted (the motion is lost).
best efforts. Diligent attempts to carry out an obligation (the contractor must use best efforts to complete its work within the stated time). • As a standard, a best-efforts obligation is stronger than a good-faith obligation. Best efforts are measured by the measures that a reasonable person in the same circumstances and of the same
neglegentia (neg-li-jen-shee-[schwa]), n. [Latin] Roman law. Carelessness; inattentive omission. • Neglegentia can be of varying degrees, which may or may not result in actionable liability. — Also spelled negligentia. See CULPA. Cf. DILIGENTIA. “In the sources negligentia is tantamount to culpa, and similarly graduated (magna, lata negligentia). Precision in terminology is no more to be
A court’s dismissal of a lawsuit because the plaintiff has failed to pursue the case diligently toward completion. — Abbr. DWOP. — Also termed dismissal for failure to prosecute; dismissal for lack of prosecution. [Cases: Criminal Law 303.30(1); Federal Civil Procedure 1758; Pretrial Procedure 581–602. C.J.S. Dismissal and Nonsuit §§ 43, 51, 67–73.]
dismissal for want of prosecution Read More »
garnishment, n. 1. A judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or is bailee for the debtor to turn over to the creditor any of the debtor’s property (such as wages or bank accounts) held by that third party. • A