recognizance (ri-kog-n[schwa]-z[schwa]nts). 1. A bond or obligation, made in court, by which a person promises to perform some act or observe some condition, such as to appear when called, to pay a debt, or to keep the peace; specif., an in-court acknowledgment of an obligation in a penal sum, conditioned on the performance or nonperformance […]
collateral-source rule. Torts. The doctrine that if an injured party receives compensation for the injuries from a source independent of the tortfeasor, the payment should not be deducted from the damages that the tortfeasor must pay. • Insurance proceeds are the most common collateral source. — Also termed collateral-benefit rule. [Cases: Damages 59. C.J.S. Damages
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severance pay. Money (apart from back wages or salary) paid by an employer to a dismissed employee. • Such a payment is often made in exchange for a release of any claims that the employee might have against the employer. — Also termed separation pay; dismissal compensation. [Cases: Master and Servant 72. C.J.S. Employer–Employee Relationship
commutation (kom-y[schwa]-tay-sh[schwa]n), n. 1. An exchange or replacement. 2. Criminal law. The executive’s substitution in a particular case of a less severe punishment for a more severe one that has already been judicially imposed on the defendant. Cf. PARDON; REPRIEVE. [Cases: Pardon and Parole 28. C.J.S. Pardon and Parole §§ 4, 34–41.] 3. Commercial &
hardship. 1. Privation; suffering or adversity. 2. The severity with which a proposed construction of law would bear on a particular case, sometimes forming a basis (also known as an argument ab inconvenienti) against the construction. See AB INCONVENIENTI; HARD CASE. [Cases: Statutes 181(2). C.J.S. Statutes § 318.] 3. Family law. A condition that makes
electio est creditoris (i-lek-shee-oh est kred-i-tor-is). [Law Latin] Scots law. The creditor has the election or choice. • The phrase appeared in reference to the creditor’s right to apply payments to one debt or another. Cf. ELECTIO EST DEBITORIS. “Electio est creditoris…. This has reference to a creditor’s right to apply indefinite payments, made by
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support, n. 1. Sustenance or maintenance; esp., articles such as food and clothing that allow one to live in the degree of comfort to which one is accustomed. See MAINTENANCE; NECESSARIES. “Generally speaking, the words ‘support’ and ‘maintenance’ are used synonymously to refer to food, clothing and other conveniences, and shelter, including, in some cases,
concursus debiti et crediti (k[schwa]n-k[schwa]r-s[schwa]s deb-i-tI et cred-i-tI). [Law Latin] Scots law. A running together of debt and credit. • The phrase appears in reference to requirements for supporting a plea of compensation. “Concursus debiti et crediti …. This is necessary to found a plea of compensation, for the parties must be debtor and creditor,
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ad factum praestandum (ad fak-t[schwa]m pree-stan-d[schwa]m). [Law Latin “for the performance of a particular act”] Scots law. An obligation to perform an act other than paying money; an obligation that must be strictly fulfilled (such as to hand over a vase sold). “In popular language almost all obligations may be said to be of this
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support order. A court decree requiring a party (esp. one in a divorce or paternity proceeding) to make payments to maintain a child or spouse, including medical, dental, and educational expenses. [Cases: Child Custody 1–992; Divorce 208, 230. C.J.S. Divorce §§ 315, 320–331, 336–339, 369, 394–400, 422–426, 481–487; Parent and Child §§ 55–155, 157, 203,