saving-to-suitors clause. Maritime law. In the federal statutory provision granting admiralty and maritime jurisdiction to the federal courts, a clause that preserves the option to file suit in a nonadmiralty court. 28 USCA § 1333(1). • The nonadmiralty court is typically either a state court or a law-side federal court. Under the reverse-Erie doctrine, the […]
saving to suitors clause Read More »
Hostilities that are conducted by individuals or small groups who are usu. not part of an orga-nized army and who fight by means of surprise attacks, ambushes, and sabotage. • Formerly, it was thought that the hostilities had to be conducted in enemy-occupied territory. Typically, guerrilla warfare is carried out only when geographical conditions are
statute of distribution. A state law regulating the distribution of an estate among an intestate’s heirs and relatives. • Historically, the statute specified separate, and often different, patterns for distributing an intestate’s real property and personal property. Generally, land descended to the heirs and personalty descended to the next of kin. — Also termed statute
statute of distribution Read More »
Erie-bound, adj. (Of a federal court) required to apply the Erie doctrine. [Cases: Federal Courts 372.]
hovering act. Int’l law. A statute applying to a coastal country’s criminal jurisdiction over ships, and persons aboard those ships, when the ships are outside the country’s territory. “The notion of hovering acts evolved long before that of a belt of uniform width in the form of territorial waters. Great Britain’s first anti-smuggling legislation to
bank-statement rule. Commercial law. The principle that if a bank customer fails to examine a bank statement and any items returned with it, and report to the bank within a reasonable time any unauthorized payments because of a material alteration or forgery, the customer may be precluded from complaining about the alteration or forgery. UCC
bank statement rule Read More »
mysterious disappearance. A loss of property under unknown or baffling circumstances that are difficult to understand or explain. • The term is used in insurance policies covering theft. [Cases: Insurance 2152.] “Under a policy insuring against loss of property by ‘mysterious disappearance’ recovery is generally allowed where the article disappears from the place the insured
mysterious disappearance Read More »
Evidence that is necessary to begin a hearing or trial and that may be received conditionally in anticipation of other evidence linking it to issues in the case. Fed. R. Evid. 104. [Cases: Evidence 117; Federal Civil Procedure 2014. C.J.S. Evidence § 208.]
preliminary evidence Read More »
Club Fed. Slang. A low-security federal prison, usu. for white-collar criminals, that has a comparatively informal, relaxed atmosphere and, reputedly, luxury facilities. • Some sources claim that “Club Fed” prisons offer weight-lifting equipment, tennis courts, cable television, computers, musical instruments, and even miniature golf.
Daubert test. A method that federal district courts use to determine whether expert testimony is admissible under Federal Rule of Evidence 702, which generally requires that expert testimony consist of scientific, technical, or other specialized knowledge that will assist the fact-finder in understanding the evidence or determining a fact in issue. • In its role