anticipatory filing. The bringing of a lawsuit or regulatory action against another with the expectation that the other party is preparing an action of its own. • If properly brought, an anticipatory filing may determine procedural matters such as jurisdiction and venue. See FIRST-TO-FILE RULE; RACE TO THE COURTHOUSE.
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The place considered by law as the center of corporate affairs, where the corporation’s functions are discharged; the legal home of a corporation, usu. its state of incorporation or the state in which it maintains its principal place of business. • For purposes of determining whether diversity jurisdiction exists in federal court, a corporation is
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fine sur cognizance de droit, come ceo que il ad de son done (fIn s[schwa]r kon-[schwa]-z[schwa]nts d[schwa] droyt, kom say-oh kweel ad d[schwa]sawni dawin). [Law French “a fine upon acknowledgment of the right, as that which he has of his gift”] Hist. The most common fine of conveyance, by which the defendant (also called the
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forisjurare parentilam (for-is-j[schwa]-rair-ee p[schwa]-ren-t[schwa]-l[ schwa]m), vb. [Law Latin] Hist. To renounce parental authority. • One who did so lost all rights of heirship.
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memorandum clause. A marine-insurance clause protecting underwriters from liability for injury to goods that are particularly perishable, or for minor damages. [Cases: Insurance 2235, 2241. C.J.S. Insurance §§ 1195–1196, 1199–1203, 1208, 1211–1214, 1216–1217.] “This clause was first introduced into the English [marine-insurance] policies about the year 1749. Before that time the insurer was liable for
moot court. 1. A fictitious court held usu. in law schools to argue moot or hypothetical cases, esp. at the appellate level. 2. A practice session for an appellate argument in which a lawyer presents the argument to other lawyers, who first act as judges by asking questions and who later provide criticism on the
advance sheets. A softcover pamphlet containing recently reported opinions by a court or set of courts. • Advance sheets are published during the interim between an opinion’s announcement and its inclusion in a bound volume of law reports. Cf. slip opinion (1) under OPINION; REPORT(3). [Cases: Courts 103; Reports 1. C.J.S. Courts §§ 170, 173–174,
A provision in some commercial general liability policies, excluding coverage for property damage or bodily injury that is expected or intended by the insured, except any harm arising from the use of reasonable force to protect a person or property. • This exclusion is sometimes referred to as “exclusion a” because it is the first
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A property right that arose when the work was created, rather than when it was published. • Under the Copyright Act of 1976, which was effective on January 1, 1978, common-law copyright was largely abolished for works created after the statute’s effective date. But the statute retained the common law’s recognition that the property right
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