Search Results for: CONCLUSION OF LAW

tender of issue

tender of issue. Common-law pleading. A form attached to a traverse, by which the traversing party refers the issue to the proper mode of trial. [Cases: Pleading 100, 112. C.J.S. Pleading §§ 183, 764, 769.] “[I]t is the object of all pleadings to bring the parties, in the course of their mutual altercations, to an

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larrison rule

Larrison rule (lar-[schwa]-s[schwa]n).Criminal law. The doctrine that a defendant may be entitled to a new trial on the basis of newly discovered evidence of false testimony by a government witness if the jury might have reached a different conclusion without the evidence and it unfairly surprised the defendant at trial. Larrison v. United States, 24

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transact

transact, vb. 1. To carry on or conduct (negotiations, business, etc.) to a conclusion (transact business). 2. Civil law. To settle (a dispute) by mutual concession. See TRANSACTION(4). 3. To carry on or conduct negotiations or business (refuses to transact with the enemy).

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memorandum opinion

A unanimous appellate opinion that succinctly states the decision of the court; an opinion that briefly reports the court’s conclusion, usu. without elaboration because the decision follows a well-established legal principle or does not relate to any point of law. — Also termed memorandum decision; memorandum disposition; (slang) memdispo. [Cases: Courts 103, 107. C.J.S. Courts

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ruling

ruling, n. 1. The outcome of a court’s decision either on some point of law or on the case as a whole. — Also termed legal ruling. Cf. JUDGMENT(1); OPINION(1). [Cases: Courts 88. C.J.S. Courts § 139; Trade-Marks, Trade-Names, and Unfair Competition § 187.] “A distinction is sometimes made between rules and rulings. Whether or

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poenae secundarum nuptiarum

poenae secundarum nuptiarum (pee-nee sek-[schwa]n-dair-[schwa]m n[schwa]p-shee-air-[schwa]m). [Latin “penalties of second marriages”] Roman law. Disabilities that, for the protection of children of a first marriage, are imposed on a parent who remarries. “If either parent re-married, the interests of the children of the first marriage were protected (in the later Roman Empire) by a number of

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