Hist. An elaborate proceeding, full of legal fictions, by which a tenant in tail disentailed a fee-tail estate. • The action facilitated land transfer by allowing a potential transferee who was barred by law from receiving land to “recover” the land by suing the actual owner. Common recoveries, which were abolished early in the 19th […]
Jewell instruction (joo-w[schwa]l).Criminal procedure. A court’s instruction to the jury that the defendant can be found to have the requisite criminal mental state despite being deliberately ignorant of some of the facts surrounding the crime. • If a defendant claims ignorance of some fact essential to the crime, such as not knowing that a particular
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A reversionary interest that is subject to a condition precedent; specif., a future interest retained by a grantor after conveying a fee simple determinable, so that the grantee’s estate terminates automatically and reverts to the grantor if the terminating event ever occurs. • In this type of interest, the grantor transfers an estate whose maximum
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negotiation, n. 1. A consensual bargaining process in which the parties attempt to reach agreement on a disputed or potentially disputed matter. • Negotiation usu. involves complete autonomy for the parties involved, without the intervention of third parties. [Cases: Contracts 25. C.J.S. Contracts § 60.] “Negotiation, we may say, ought strictly to be viewed simply
unus nullus rule (yoo-n[schwa]s n[schwa]l-[schwa]s). [Latin “one is nobody” + rule] Civil law. The evidentiary principle that the testimony of only one witness is given no weight. Cf. HALF-PROOF(1).
National Archives and Records Administration. An independent federal agency that sets procedures for managing governmental records; helps federal agencies manage their records; provides record-storage access; and manages the Presidential Libraries system. • The agency is run by the Archivist of the United States. It publishes the United States Statutes at Large, the Federal Register, the
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The issuance of two or more new shares in exchange for each old share without changing the proportional ownership interests of each shareholder. • For example, a 3-for-1 split would give an owner of 100 shares a total of 300 shares, or 3 shares for each share previously owned. A stock split lowers the price
private judging. A type of alternative dispute resolution whereby the parties hire a private individual to hear and decide a case. • This process may occur as a matter of contract between the parties or in connection with a statute authorizing such a process. — Also termed rent-a-judging. “In contrast [to arbitration], private judging is
insanity defense. Criminal law. An affirmative defense alleging that a mental disorder caused the accused to commit the crime. See 18 USCA § 17; Fed. R. Crim. P. 12. 2. • Unlike other defenses, a successful insanity defense may not result in in acquittal but instead in a special verdict (“not guilty by reason of
memorandum. 1. An informal written note or record outlining the terms of a transaction or contract (the memorandum indicated the developer’s intent to buy the property at its appraised value). • To satisfy the statute of frauds, a memorandum can be written in any form, but it must (1) identify the parties to the contract,