incerta persona (in-s[schwa]r-t[schwa] p[schwa]r-soh-n[schwa]). [Latin “uncertain person”] Roman law. A person (or corporate body) that could not inherit property, such as a person whose existence was uncertain or whom the testator could not identify by name (such as the first person to appear at the testator’s funeral). Pl. incertae personae. “Another change under Justinian was […]
As a ground for divorce, one spouse’s physical violence toward the other spouse, or conduct that destroys or severely impairs the other spouse’s mental health. — Also termed cruel and inhumane treatment. Cf. ABUSE (2). [Cases: Divorce 34. C.J.S. Divorce § 19.]
Jamaican switch. An illegal scheme whereby one conspirator convinces the victim of a need for help in handling a large sum of money, usu. by claiming to have found the money or by claiming to be an unsophisticated foreigner, and promises to share part of the money with the victim or asks the victim for
separation of patrimony. Civil law. The act of providing creditors of a succession the right to collect against the class of estate property from which the creditors should be paid, by separating certain succession property from property rights belonging to the heirs. [Cases: Descent and Distribution 137. C.J.S. Descent and Distribution § 123.]
separation of patrimony Read More »
An additional estate created or contemplated in a conveyance, to be enjoyed after the first estate expires or is exhausted. • An example of language giving rise to a limitation over is “to A for life, remainder to B.” [Cases: Deeds 124–134. C.J.S. Deeds §§ 245–252, 263–266, 270, 273–276.]
liberi (lib-[schwa]r-I), n. pl.[Latin] Roman law. 1. Children. 2. Descendants. • In the praetorian rules of intestate succession, liberi were the first rank of claimants, comprising the sui heredes of the Twelve Tables, and some others, such as emancipated children. Cf. LEGITIMI HEREDES.
Copyright. A judicially created test for determining whether substantial similarity exists between two works in an action for infringement. • In the first step, the court dissects the copy-righted work’s structure and isolates each level of abstraction or generality (abstraction test). In the second step, the court examines each level of abstraction and separates out
abstraction filtration comparison test Read More »
below,prep., adv. & adj. 1. Beneath; under; underneath. 2. (Of a lower court) having heard or having the power to hear the case at issue in the first instance (court below); at a lower level (the motion was heard below). Cf. ABOVE.
An estate of indefinite or potentially infinite duration (e.g., “to Albert and his heirs”). — Often shortened to fee simple or fee. — Also termed fee simple absolute in possession. [Cases: Estates in Property 5. C.J.S. Estates §§ 11–12.]
fee simple absolute Read More »