Darden hearing. Criminal procedure. An ex parte proceeding to determine whether disclosure of an informer’s identity is pertinent to establishing probable cause when there is otherwise insufficient evidence to establish probable cause apart from the arresting officer’s testimony about an informer’s communications. • The defense attorney may be excluded from the hearing but can usu. […]
A book that a court clerk keeps for the entry or recordation of judgments, giving official notice of existing judgment liens to interested parties. — Also termed judgment book; judgment file; judgment record; judgment roll. [Cases: Judgment 277, 284. C.J.S. Judgments §§ 130, 132.]
withdrawal of counsel. An attorney’s termination of his or her role in representing a party in a case. • Normally, the attorney must have the court’s permission to withdraw from a case. Permission is usu. sought by a written motion (1) explaining the reason for the requested withdrawal (often, a conflict between attorney and client
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A preferential setting on a court’s calendar, usu. reserved for older cases or cases given priority by law, made either on a party’s motion or on the court’s own motion. • For example, some jurisdictions authorize a special setting for cases involving a party over the age of 70. — Also termed special trial setting;
governmental-function theory. Constitutional law. A principle by which private conduct is characterized as state action, esp. for due-process and equal-protection purposes, when a private party is exercising a public function. • Under this theory, for example, a political party (which is a private entity) cannot exclude voters from primary elections on the basis of race.
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homologation (h[schwa]-mol-[schwa]-gay-sh[schwa]n).Civil law. 1. Confirmation, esp. of a court granting its approval to some action. 2. The consent inferred by law from a party’s failure, for a ten-day period, to complain of an arbitrator’s sentence, of an appointment of a syndic (or assignee) of an insolvent, or of a settlement of successions. 3. The approval
ransom bill. Int’l law. A contract by which a vessel or other property captured at sea during wartime is ransomed in exchange for release and safe conduct to a friendly destination. — Also termed ransom bond.
substitution. 1. A designation of a person or thing to take the place of another person or thing. 2. The process by which one person or thing takes the place of another person or thing. [Cases: Federal Civil Procedure 351; Parties 57. C.J.S. Parties §§ 76–78.] 3. Parliamentary law. An amendment by replacing one or
corner, n. 1. The common end of two survey lines; an angle made by two boundary lines. [Cases: Boundaries 7. C.J.S. Boundaries §§ 10–13.] existent corner. A corner whose location can be verified by an original landmark, a surveyor’s field notes, or other reliable evidence. lost corner. A point in a land description, such as
captive-audience doctrine. 1. Constitutional law. The principle that when the listener cannot, as a practical matter, escape from intrusive speech, the speech can be restricted. [Cases: Constitutional Law 90. C.J.S. Constitutional Law §§ 539, 542.] 2. Labor law. The rule that prohibits either party to a union election from making a speech on company time
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