indebiti solutio (in-deb-i-tI s[schwa]-l[y]oo-shee-oh). [Latin] Roman & Scots law. Payment of what is not owed. • Money paid under the mistaken belief that it was owed could be recovered by condictio indebiti. See condictio indebiti under CONDICTIO. “Indebiti Solutio — When a person has paid in error what he was not bound to pay the […]
Morgan presumption. A presumption that shifts the burden of proof by requiring the person against whom it operates to produce sufficient evidence to outweigh the evidence that supports the presumed fact, as in requiring a criminal defendant who was arrested while in possession of an illegal substance — and is thereby presumed to have knowingly
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A lockout called by management to assert economic pressure on workers and thereby gain a bargaining advantage over a union. • Offensive lockouts were illegal before the U.S. Supreme Court abolished the legal distinction between offensive and defensive lockouts in favor of a balancing test. American Ship Bldg. Co. v. NLRB, 380 U.S. 300, 85
de scutagio habendo (dee skyoo-tay-jee-oh h[schwa]-ben-doh), n. [Law Latin “for having scutage”] Hist. 1. A writ ordering a tenant-in-chief by knight’s service to serve in a war, send a substitute, or pay a sum of money. 2. A writ authorizing a lord who had served in the war or paid the required fine to recover
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York, custom of. Hist. A custom prevalent in York whereby a male intestate’s effects were divided according to the doctrine of pars rationabilis (“a reasonable part”) — that is, one-third each to the widow, children, and ad-ministrator, one-half to the administrator if the man was married but had no children or was single but had
parking. 1. The sale of securities subject to an agreement that the seller will buy them back at a later time for a similar price. • Parking is illegal if done to circumvent securities regulations or tax laws. It is often a method of evading the net-capital requirements of the National Association of Securities Dealers
affirmative pregnant. A positive statement that ambiguously implies a negative; a statement that does not explicitly deny a charge, but instead answers an unasked question and thereby implies culpability, as when a person says “I returned your car yesterday” to the charge “You stole my car!” Cf. NEGATIVE PREGNANT.
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lend-lease. A mutually beneficial exchange made between friendly parties; esp., an arrangement made in 1941, under the Lend-Lease Act, whereby U.S. destroyers were lent to Great Britain in exchange for Britain’s leasing of land to the United States for military bases. — Also termed lease-lend.
heedlessness, n. The quality of being thoughtless and inconsiderate; esp., conduct whereby the actor disregards the rights or safety of others. • Heedlessness is often construed to involve the same degree of fault as recklessness. See RECKLESSNESS. — heedless, adj.
Constitutional law. A statutory classification based on race, national origin, or alienage, and thereby subject to strict scrutiny under equal-protection analysis. • Examples of laws creating suspect classifications are those permitting only U.S. citizens to receive welfare benefits and setting quotas for the government’s hiring of minority contractors. See STRICT SCRUTINY. Cf. FUNDAMENTAL RIGHT. [Cases:
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