lex deraisnia
lex deraisnia (leks d[schwa]-rayn-ee-[schwa]), n. [Law Latin] Hist. A law by which a party denies an accusation, showing it to be against reason or probability.
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assenting silence doctrine
assenting-silence doctrine. The principle that an accusation will be taken as true, despite silence by the accused, if the accusation was made under circumstances in which silence can be fairly said to be an agreement. • This doctrine is usu. held to be invalid as a measure of a criminal defendant’s guilt. [Cases: Criminal Law
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bias
bias, n. Inclination; prejudice; predilection (the juror’s bias prompted a challenge for cause). — bias, vb. — biased, adj. actual bias. Genuine prejudice that a judge, juror, witness, or other person has against some person or relevant subject. Cf. implied bias. implied bias. Prejudice that is inferred from the experiences or relationships of a judge,
tacit prorogation
Civil law. Consent to jurisdiction that arises when a party does not request recusal despite awareness that the judge is not qualified to try the case. Cf. prorogated jurisdiction under JURISDICTION.
abolition
abolition. 1. The act of abolishing. 2. The state of being annulled or abrogated. 3. (usu. cap.) The legal termination of slavery in the United States. [Cases: Slaves 24. C.J.S. Peonage §§ 3–5.] 4. Civil law. Withdrawal of a criminal accusation; a sovereign’s remission of punishment for a crime. 5. Hist. Permission granted to the
augmented estate
A refinement of the elective share to which a surviving spouse is entitled, whereby the “fair share” is identified as something other than the traditional one-third of the probate estate. • The current version of the Uniform Probate Code uses a sliding scale that increases with each year of marriage. Under the UPC, a surviving
group boycott
Antitrust. 1.CONCERTED REFUSAL TO DEAL. 2. A type of secondary boycott by two or more competitors who refuse to do business with one firm unless it refrains from doing business with an actual or potential competitor of the boycotters. • A group boycott can violate the Sherman Act and is analyzed under either the per
family allowance
A portion of a decedent’s estate set aside by statute for a surviving spouse, children, or parents, regardless of any testamentary disposition or competing claims. • Every state has a statute authorizing the probate court to award an amount for the temporary maintenance and support of the surviving spouse (and often for dependent children). The
recrimination
recrimination (ri-krim-i-nay-sh[schwa]n), n. 1. Family law. Archaic. In a divorce suit, a countercharge that the complainant has been guilty of an offense constituting a ground for divorce. • When both parties to the marriage have committed marital misconduct that would be grounds for divorce, neither may obtain a fault divorce. Recriminations are now virtually obsolete