A judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. • The court considers the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether there is […]
The length of time that a trust exists. [Cases: Trusts 60. C.J.S. Trover and Conversion § 117.]
Justinian’s rulings that settled controversies and eliminated obsolete rules in the law. • The decisions were made in preparation for Justinian’s Digest. — Also termed (in Latin) Quinquaginta Decisiones.
CERCLA (s[schwa]r-kl[schwa]).abbr. Comprehensive Environmental Response, Compensation, and Liability Act of 1980. • This statute holds responsible parties liable for the cost of cleaning up hazardous-waste sites.42 USCA §§ 9601 et seq. See SUPERFUND. [Cases: Environmental Law 436.] “CERCLA is probably the most controversial environmental law ever enacted. Supporters praise it as a vital program to
A use arising from the occurrence of a certain event that terminates the preceding use. • In the following example, C has a shifting use that arises when D makes the specified payment: “to A for the use of B, but then to C when D pays $1,000 to E.” This is a type of
A trust in which the trustee has some affirmative duty of management or administration besides the obligation to transfer the property to the beneficiary. — Also termed express active trust; special trust; operative trust. Cf. passive trust. [Cases: Trusts 135. C.J.S. Trover and Conversion §§ 13, 242.]
A court that (1) has jurisdiction in equity, (2) administers and decides controversies in accordance with the rules, principles, and precedents of equity, and (3) follows the forms and procedures of chancery. Cf. court of law. [Cases: Courts 42(7).]
Hist. A court of limited jurisdiction that decided controversies arising between merchants, dealers, shipmasters, supercargoes, and other, usu. transient, people connected with trade. • Cases were usu. tried before a jury of merchants.
A basis for federal-court jurisdiction that exists when (1) a case is between citizens of different states, or between a citizen of a state and an alien, and (2) the matter in controversy exceeds a specific value (now $75,000).28 USCA § 1332. • For purposes of diversity jurisdiction, a corporation is considered a citizen of
diversity of citizenship Read More »
The constitutional amendment, ratified with the Bill of Rights in 1791, guaranteeing the right to a jury trial in federal civil cases that are traditionally considered to be suits at common law and that have an amount in controversy exceeding $20. [Cases: Jury 9–14. C.J.S. Juries §§ 6–23, 26–36, 41–43, 46–51, 53–57, 59, 61–73, 81,