mortmain statute. A law that limits gifts and other dispositions of land to corporations (esp. charitable ones) and that prohibits corporations from holding land in perpetuity. • In England, laws such as the Provisions of Westminster and Magna Carta essentially required the Crown’s authorization before land could vest in a corporation. The object was to […]
An integrated agreement adopted by the parties as a full and exclusive statement of the terms of the agreement. • The parties are therefore prohibited from varying or supplementing the contractual terms through parol (extrinsic) evidence. [Cases: Evidence 397(2). C.J.S. Evidence §§ 1159–1160, 1278–1280.]
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Twenty-seventh Amendment. The constitutional amendment, ratified in 1992, that prevents a pay raise for senators and representatives from taking effect until a new Congress convenes. • This amendment was proposed as part of the original Bill of Rights in 1789, but it took 203 years for the required three-fourths of the states to ratify it.
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folkland. Hist. Land held by customary law, without written title. — Also spelled folcland. Cf. BOOKLAND. “In all discussions on Anglo-Saxon law bookland is contrasted with ‘folkland.’ The most recent and probably the most correct view is that folkland simply means land subject to customary law, as opposed to land which was held under the
Consideration serially, whereby a deliberative assembly considers a long or complex motion in a series of readily divisible parts before voting on the entire motion. — Also termed consideration by paragraph (in which case a “paragraph” means not a literary paragraph but any readily divisible part of a motion, which may include more than one
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leges Henrici (lee-jeez hen-rI-sI), n. [Latin] Hist. A book anonymously written between 1114 and 1118 containing Anglo-Saxon and Norman law. • The book lends insight to the period before the full development of Norman law in England. — Also termed leges Henrici Primi. “Closely connected with the Quadripartitus is a far more important book, the
mutual-benefit association. A fraternal or social organization that provides benefits for its members, usu. on an assessment basis. [Cases: Beneficial Associations 1; Insurance 1237. C.J.S. Beneficial Associations §§ 2–3.] “In the absence of … statutory definition, the question of the extent to which mutual benefit, fraternal beneficiary, and like associations or societies, are within the
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admiralty (ad-m[schwa]-r[schwa]l-tee), n. 1. A court that exercises jurisdiction over all maritime contracts, torts, injuries, or offenses. • The federal courts are so called when exercising their admiralty jurisdiction, which is conferred by the U.S. Constitution (art. III, § 2, cl. 1). — Also termed admiralty court; maritime court. [Cases: Admiralty 1. C.J.S. Admiralty §§
Queen’s proctor. A solicitor that represents the Crown in domestic-relations, probate, and admiralty cases. • For example, in a suit for divorce or nullity of marriage, the Queen’s proctor might intervene to prove collusion between the parties. — Also termed (when a king reigns) King’s proctor.
Anders brief. Criminal procedure. A brief filed by a court-appointed defense attorney who wants to withdraw from the case on appeal based on a belief that the appeal is frivolous. • In an Anders brief, the attorney seeking to withdraw must identify anything in the record that might arguably support the appeal. The court then