fructus civiles (fr[schwa]k-t[schwa]s s[schwa]-vI-leez). [Latin “civil fruits”] Roman & civil law. Income (such as rent or interest) that one receives from another for the use or enjoyment of a thing, esp. real property or loaned money. • In Roman law, fructus civiles included both minerals and the earnings of slaves.
perfidy (p[schwa]r-f[schwa]-dee).Int’l law. A combatant’s conduct that creates the impression that an adversary is entitled to, or is obliged to accord, protection under international law, when in fact the conduct is a ruse to gain an advantage. • Acts of perfidy include feigning an intent to negotiate under a flag of truce, or feigning protected
bill of pains and penalties. A legislative act that, though similar to a bill of attainder, prescribes punishment less severe than capital punishment. • Bills of pains and penalties are included within the U.S. Constitution’s ban on bills of attainder. U.S. Const. art I, § 9. [Cases: Constitutional Law 82. 5. C.J.S. Constitutional Law §§
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metus (mee-t[schwa]s), n. [Latin] Roman law. 1. Fear of imminent danger; apprehension of serious danger, esp. in the form of duress to force a person to do something; the use of threats to bring about some end. • Metus was more comprehensive than duress is in Anglo-American law. It included fear of any evil that
notice of removal. The pleading by which the defendant removes a case from state court to federal court. • A notice of removal is filed in the federal district court in the district and division in which the suit is pending. The notice must contain a short and plain statement of the grounds for removal
year and a day. The common-law time limit fixed for various purposes, such as claiming rights, exemptions, or property (such as rights to wreckage or estrays) or for prosecuting certain acts — so called because a year was formerly counted to include the first and last day, meaning that a year from January 1 was
cera impressa (seer-[schwa] im-pres-[schwa]). [Latin “impressed wax”] Hist. An impressed seal. • Cera impressa originally referred only to wax seals, but later came to include any impressed seal, regardless of the substance impressed. See SEAL. “The courts have held that an impression made on wafers or other adhesive substance capable of receiving an impression comes
naturalia feudi (nach-[schwa]-ray-lee-[schwa] fyoo-dI). [Law Latin] Scots law. Those things that naturally belong to a feu grant. • The phrase included the grantor’s warranty against eviction of the grantee.
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
call equivalent position. Securities. A security position that increases in value as the value of the underlying equity increases. • It includes a long convertible security, a long call option, and a short put option. SEC Rule 16a-1(b) (17 CFR § 240.16a-1(b)). [Cases: Securities Regulation 5.25(3). C.J.S. Securities Regulation §§ 28–29.]
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