Search Results for: TERM OF ART

in statu quo

in statu quo (in stay-t[y]oo kwoh). [Latin “in the state in which”] In the same condition as previously (Johnson, as a minor, can recover the whole of what he paid if he puts the other party in statu quo by returning all the value received). — Also termed in statu quo ante. See STATUS QUO. […]

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wall

wall. An erection of stone, brick, or other material raised to varying heights, esp. inside or surrounding a building, for privacy, security, or enclosure. ancient wall. A party wall that has stood for at least 20 years, thus giving each party an easement right to refuse to allow the other party to remove or substantially

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emancipation

emancipation. 1. The act by which one who was under another’s power and control is freed. 2. A surrender and renunciation of the correlative rights and duties concerning the care, custody, and earnings of a child; the act by which a parent (historically a father) frees a child and gives the child the right to

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collateral source rule

collateral-source rule. Torts. The doctrine that if an injured party receives compensation for the injuries from a source independent of the tortfeasor, the payment should not be deducted from the damages that the tortfeasor must pay. • Insurance proceeds are the most common collateral source. — Also termed collateral-benefit rule. [Cases: Damages 59. C.J.S. Damages

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final judgment

A court’s last action that settles the rights of the parties and disposes of all issues in controversy, except for the award of costs (and, sometimes, attorney’s fees) and enforcement of the judgment. — Also termed final appealable judgment; final decision; final decree; definitive judgment; determinative judgment; final appealable order. See FINAL-JUDGMENT RULE. [Cases: Appeal

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anomalous plea

An equitable plea consisting in both affirmative and negative matter. • That is, it is partly confession and avoidance and partly traverse. The plea is appropriate when the plaintiff, in the bill, has anticipated the plea, and the defendant then traverses the anticipatory matters. — Also termed plea not pure. Cf. pure plea.

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joyriding

joyriding, n. The illegal driving of someone else’s automobile without permission, but with no intent to deprive the owner of it permanently. • Under the Model Penal Code, the offender’s reasonable belief that the owner would have consented is an affirmative defense. See Model Penal Code § 223. 9. — Also termed unauthorized use of

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sublessor

sublessor. A lessee who leases some or all of the leased property to a third party. — Also termed (esp. in England) underlessor. [Cases: Landlord and Tenant 80. C.J.S. Landlord and Tenant § 46.]

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