subject, adj. Referred to above; having relevance to the current discussion ( the subject property was then sold to Smith). subject, n. 1. One who owes allegiance to a sovereign and is governed by that sovereign’s laws (the monarchy’s subjects). “Speaking generally, we may say that the terms subject and citizen are synonymous. Subjects and […]
declination (dek-l[schwa]-nay-sh[schwa]n). 1. A deviation from proper course (declination of duty). 2. An act of refusal (declination of a gift). 3. A document filed by a fiduciary who chooses not to serve. 4. At common law, a plea to the court’s jurisdiction by reason of the judge’s personal interest in the lawsuit. — Also termed
sealed instrument. At common law and under some statutes, an instrument to which the bound party has affixed a personal seal, usu. recognized as providing indisputable evidence of the validity of the underlying obligations. • The common-law distinction between sealed and unsealed instruments has been abolished by many states, and the UCC provides that the
shoplifting, n. Theft of merchandise from a store or business; specif., larceny of goods from a store or other commercial establishment by willfully taking and concealing the merchandise with the intention of converting the goods to one’s personal use without paying the purchase price. See LARCENY. [Cases: Larceny 1. C.J.S. Larceny §§ 1(1, 2), 9.]
Court of Common Pleas. 1. Hist. A superior court having jurisdiction of all real actions and common pleas (i.e., actions between subjects). • The Court was presided over by a chief justice with four (later five) puisne judges. In 1873 it became the Common Pleas Division of the High Court of Justice. In 1881 it
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in rem (in rem), adj. [Latin “against a thing”] Involving or determining the status of a thing, and therefore the rights of persons generally with respect to that thing. — Also termed (archaically) impersonal. See action in rem under ACTION(4). Cf. IN PERSONAM. [Cases: Admiralty 48; Courts 18. C.J.S. Admiralty §§ 157, 239; Courts §
arrestment. 1. The arrest of a person or of personal effects. 2. Scots law. The taking or attachment of property belonging to another person but in the possession of a third party, either to obtain security or to found jurisdiction. • The process of attachment is similar to garnishment: the property holder is ordered to
Miller v. Shugart agreement. A settlement in which an insured consents to a judgment in favor of the plaintiff, on the condition that the plaintiff will satisfy the judgment only out of proceeds from the insured’s policy, and will not seek recovery against the insured personally. • Although the phrase takes its name from a
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Palace Court. Hist. A court having jurisdiction over all personal actions arising within 12 miles of Whitehall. • This court was created by James I in response to complaints about the inconvenience of using the itinerant Court of the Marshalsea; its jurisdiction was similar, but the court remained in Whitehall. It was abolished along with
territorial law. The law that applies to all persons within a given territory regardless of their citizenship or nationality. Cf. PERSONAL LAW. “[T]he expression ‘territorial law’ … is not confined to the positive rules that regulate acts and events occurring within the jurisdiction, but includes also rules for the choice of law. English rules for