failure of proof defense
failure-of-proof defense. The defense that a party’s proof does not establish a fact essential to a claim or defense.
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failure-of-proof defense. The defense that a party’s proof does not establish a fact essential to a claim or defense.
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Punishment by imprisonment, usu. in a penitentiary. See infamous crime under CRIME.
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jure gestionis (joor-ee jes-chee-oh-nis), n. [Latin “by way of doing business”] A nation’s acts that are essentially commercial or private, in contrast to its public or governmental acts. • Under the Foreign Sovereign Immunities Act, a foreign country’s immunity is limited to claims involving its public acts. The statutory immunity does not extend to claims
drama, n. 1. A presentation of a story portrayed by words and actions or actions alone; a play. Cf. DRAMATIC COMPOSITION. “The term [drama] is applied to compositions which imitate action by representing the personages introduced in them as real and as employed in the action itself. The varieties of the drama differ more or
反担保 英语:counter-guarantee 法语:contre-garantie 德语:Gegengarantie 意大利语:controgaranzia 西班牙语:contra-garantia
known-loss doctrine. Insurance. A principle denying insurance coverage when the insured knows before the policy takes effect that a specific loss has already happened or is substantially certain to happen. — Also termed known-risk doctrine. [Cases: Insurance 2101.]
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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;
In a residential lease, a warranty from the landlord to the tenant that the leased property is fit to live in and that it will remain so during the term of the lease. — Also termed covenant of habi-tability. [Cases: Landlord and Tenant 125(1).]
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Standing held by someone claiming to protect the rights of others. • For example, in most jurisdictions, only a parent has standing to bring a suit for custody or visitation; in some, however, a third party — for instance, a grandparent or a person with whom the child has substantial contacts — may have standing
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deposit in court. The placing of money or other property that represents a person’s potential liability in the court’s temporary custody, pending the outcome of a lawsuit. — Also termed deposit into the registry of the court. [Cases: Deposits in Court 1. C.J.S. Deposits in Court §§ 1, 4–7.]