accidentalia feudi (ak-si-den-tay-lee-[schwa] fyoo-dI). [Law Latin] Hist. All nonessential terms in a feudal contract; esp., those that are not essential to the fee (such as building restrictions). Cf. ESSENTIALIA FEUDI.
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Enforcement of Foreign Judgments Act. A uniform law, adopted by most states, that gives the holder of a foreign judgment essentially the same rights to levy and execute on the judgment as the holder of a domestic judgment. • The Act defines a foreign judgment as any judgment, decree, or order (of a court in
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undue-burden test. Constitutional law. The Supreme Court test stating that a law regulating abortion will be struck down if it places a substantial obstacle in the path of a woman’s right to obtain an abortion. • This test replaced the “trimester analysis,” set forth in Roe v. Wade, in which the state’s ability to restrict
schism (siz-[schwa]m orskiz-[schwa]m). 1. A breach or rupture; a division, esp. among members of a group, as of a union. 2. A separation of beliefs and doctrines by persons of the same organized religion, religious denomination, or sect. [Cases: Religious Societies 23, 35. C.J.S. Religious Societies §§ 70, 98–100.] “It has been held that the
malice aforethought. The requisite mental state for common-law murder, encompassing any one of the following: (1) the intent to kill, (2) the intent to inflict grievous bodily harm, (3) extremely reckless indifference to the value of human life (the so-called abandoned and malignant heart), or (4) the intent to commit a dangerous felony (which leads
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joint venture. A business undertaking by two or more persons engaged in a single defined project. • The necessary elements are: (1) an express or implied agreement; (2) a common purpose that the group intends to carry out; (3) shared profits and losses; and (4) each member’s equal voice in controlling the project. — Also
array, n. 1. A panel of potential jurors; VENIRE(1) (the array of mostly wealthy professionals seemed to favor the corporate defendant). [Cases: Jury 66, 114. C.J.S. Juries §§ 271, 312, 355, 359, 443–444.] 2. The jurors actually empaneled (the array hearing the case consisted of seven women and five men). 3. A list or roster
motion for summary judgment. A request that the court enter judgment without a trial because there is no genuine issue of material fact to be decided by a fact-finder — that is, because the evidence is legally insufficient to support a verdict in the nonmovant’s favor. • In federal court and in most state courts,
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market structure. The broad organizational characteristics of a particular market, including seller concentration, product differentiation, and barriers to entry.
similarity. Intellectual property. The resemblance of one trademark or copyrighted work to another. • How closely a trademark must resemble another to amount to infringement depends on the nature of the product and how much care the typical buyer would be expected to take in making the selection in that particular market. It is a