immovable, n. (usu. pl.) Property that cannot be moved; an object so firmly attached to land that it is regarded as part of the land. — Also termed immovable thing. See FIXTURE. Cf. MOVABLE. [Cases: Fixtures 1; Property 4. C.J.S. Property §§ 14–21, 23.] — immovable, adj. “Considered in its legal aspect, an immovable, that […]
annulment of judgment. A retroactive obliteration of a judicial decision, having the effect of restoring the parties to their pretrial positions. • Types of annulment include reversal and vacation. See REVERSE; VACATE(1).
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criminal procedure. The rules governing the mechanisms under which crimes are investigated, prosecuted, ad-judicated, and punished. • It includes the protection of accused persons’ constitutional rights.
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forcible, adj. Effected by force or threat of force against opposition or resistance. “[In the law of trespass, the] term ‘forcible’ is used in a wide and somewhat unnatural sense to include any act of physical interference with the person or property of another. To lay one’s finger on another person without lawful justification is
main-relief rule. A doctrine by which venue for a lawsuit may be founded on the primary relief sought by the plaintiff, even if other claims, which alone would not support venue, are included in the suit. [Cases: Venue 2. C.J.S. Venue §§ 3–7.]
beyond seas. Hist. 1. (Of a person) being absent from a jurisdiction or nation; out of the country, esp. across the ocean. • This term was used when a person could not be served with a summons, notice, etc. because the person was absent from the jurisdiction. Some jurisdictions toll the statute of limitations during
nephew. 1. The son of a person’s brother or sister; sometimes understood to include the son of a person’s brother-in-law or sister-in-law. • This term is extended in some wills to include a grandnephew. Cf. NIECE. [Cases: Descent and Distribution 32. C.J.S. Descent and Distribution §§ 40–41.] half nephew. The son of one’s half brother
statutory period. 1. A time limit specified in a statute; esp., the period prescribed in the relevant statute of limitations. • This period includes, in addition to a fixed number of years, whatever time local law allows because of infancy, insanity, coverture, and other like circumstances. 2. Patents. The time available to a patent applicant
freeware. Software, esp. open-source code, that is made generally available with express or implicit permission for anyone to use, copy, modify, and distribute for any purpose, including financial gain. • The term “free” refers to usage rights rather than price — a distinction important in two respects. First, a user may purchase the initial copy
possessory interest. 1. The present right to control property, including the right to exclude others, by a person who is not necessarily the owner. [Cases: Property 10. C.J.S. Property §§ 27–31, 33.] 2. A present or future right to the exclusive use and possession of property. “We shall use the term ‘possessory interest’ to include
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