year. 1. Twelve calendar months beginning January 1 and ending December 31. — Also termed calendar year. 2. A consecutive 365-day period beginning at any point; a span of twelve months. [Cases: Time 4. C.J.S. Time § 5.] fiscal year. An accounting period of 12 consecutive months (the company’s fiscal year is October 1 to […]
respondeat ouster (ri-spon-dee-at ow-st[schwa]r). [Latin “let him make further answer”] An interlocutory judgment or order that a party who made a dilatory plea that has been denied must now plead on the merits. — Also termed judgment respondeat ouster. [Cases: Pleading 111.47.] “In case of felony, if the plea be held bad, the judgment is
A formal contract that requires no consideration and has the seal of the signer attached. • A contract under seal must be in writing or printed on paper or parchment and is conclusive between the parties when signed, sealed, and delivered. Delivery is made either by actually handing it to the other party (or party’s
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derivative action. 1. A suit by a beneficiary of a fiduciary to enforce a right belonging to the fiduciary; esp., a suit asserted by a shareholder on the corporation’s behalf against a third party (usu. a corporate officer) because of the corporation’s failure to take some action against the third party. See Fed. R. Civ.
A nuisance existing because of the circumstances of the use or the particular location. • For example, a machine emitting high-frequency sound may be a nuisance only if a person’s dog lives near enough to the noise to be disturbed by it. — Also termed nuisance per accidens.
A jury summoned from a particular district to appear before a sheriff, coroner, or other ministerial officer and inquire about the facts concerning a death. See INQUEST. — Also termed jury of inquest. [Cases: Coroners 12. C.J.S. Coroners and Medical Examiners § 15.]
A divorce granted under the authority of a rabbi. • This type of divorce affects the relationship of the parties under the tenets of Judaism. It affects particularly a Jewish woman’s ability to remarry in accordance with Judaic law. In the United States, it is not generally a divorce recognized in civil courts. — Also
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Copyright. A reasonable and limited use of a copyrighted work without the author’s permission, such as quoting from a book in a book review or using parts of it in a parody. • Fair use is a defense to an infringement claim, depending on the following statutory factors: (1) the purpose and character of the
marescallus (mar-[schwa]-skal-[schwa]s), n. [Law Latin] 1. A marshal; a high royal officer. — Also termed mareschal. 2. A master of the stables. 3. A military officer, similar to a constable, who acted as quartermaster. 4. An officer of the Court of Exchequer. 5. A state officer. 6. An officer of a manor.
justiciary (j[schwa]-stish-ee-er-ee), adj. Of or relating to the administration of justice; pertaining to the law. See HIGH COURT OF JUSTICIARY . justiciary (j[schwa]-stish-ee-er-ee), n. 1. A justice or judge. 2. Hist. The chief administrator of both government and justice. • From the time of the Norman Conquest in 1066 until the reign of Henry III