apprentice. 1. Hist. A person bound by an indenture to work for an employer for a specified period to learn a craft, trade, or profession. “Apprentices, in the strict legal sense, are servants, usually but not necessarily infants, who agree to serve their masters with a view to learning some trade or business, and whose […]
dedimus potestatem (ded-[schwa]-m[schwa]s poh-tes-tay-t[schwa]m). [Law Latin “we have given power”] 1. A commission issuing from the court before which a case is pending, authorizing a person named in the commission to compel the attendance of certain witnesses, to take their testimony on the written interrogatories and cross-interrogatories attached to the commission, to reduce the answers
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in re (in reeorray). [Latin “in the matter of”] (Of a judicial proceeding) not formally including adverse parties, but rather involving something (such as an estate). • The term is often used in case citations, esp. in uncontested proceedings (In re Butler’s Estate). — Also termed matter of ( Matter of Butler’s Estate).
mailbox rule. 1. Contracts. The principle that an acceptance becomes effective — and binds the offeror — once it has been properly mailed. • The mailbox rule does not apply, however, if the offer provides that an acceptance is not effective until received. [Cases: Contracts 22(1).C.J.S. Contracts §§ 46–51, 53–54; Trading Stamps and Coupons§§ 7–9.]
An error that affects a party’s substantive rights or the case’s outcome, and thus is grounds for reversal if the party properly objected. — Also termed harmful error; prejudicial error; fatal error. [Cases: Administrative Law and Procedure 764; Appeal and Error 1025–1074; Criminal Law 1162. C.J.S. Appeal and Error §§ 825–830; Criminal Law §§ 1713–1715;
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,
non est factum (non est fak-t[schwa]m). [Latin “it is not his deed”] Hist. A denial of the execution of an instrument sued on. [Cases: Bills and Notes 475. C.J.S. Bills and Notes; Letters of Credit § 272.] “The general issue in covenant is ‘non est factum,’ which is a formal denial that the deed is
nominativus pendens (nahm-[schwa]-n[schwa]-tI-v[schwa]s pen-denz), n. [Latin “nominative hanging”] In a sentence, a nominative phrase that is not grammatically connected with the rest of the sentence. — Also termed nominative absolute. “Nominativus pendens …. The opening words in the form of a deed inter partes (‘This deed,’ etc., down to ‘whereas’), though an intelligible and convenient
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debate, n. Parliamentary law. Formal consideration of a motion’s merits in the form of speeches for, against, or otherwise addressing the motion. See CONSIDERATION(2). — debatable, adj. — debatability, n. controlled debate. Debate in which a designated manager, usu. a partisan leader, leads each side and allots time for speeches. — Also termed controlled time.
master and servant. The relation between two persons, one of whom (the master) has authority over the other (the servant), with the power to direct the time, manner, and place of the services. • This relationship is similar to that of principal and agent, but that terminology applies to employments in which the employee has
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