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lord advocate

Lord Advocate. Scots law. An important political functionary in Scottish affairs who acts as the principal Crown counsel in civil cases, the chief public prosecutor of crimes, and legal adviser to the Scottish government on matters of Scots law. — Formerly also termed King’s advocate. Cf. ADVOCATE GENERAL.

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cardinal change doctrine

cardinal-change doctrine. Contracts. The principle that if the government makes a fundamental, unilateral change to a contract beyond the scope of what was originally contemplated, the other party (usu. a contractor) will be released from the obligation to continue work under the contract. • A contractor’s allegation of cardinal change is essentially an assertion that

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mining rent

mining rent. Consideration given for a mining lease, whether the lease creates a tenancy, conveys a fee, or grants a mere license or incorporeal right. [Cases: Mines and Minerals 70, 79. C.J.S. Mines and Minerals §§ 218, 223–224, 289–290, 296, 298–299, 303.]

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impertinent matter

impertinent matter. Procedure. In pleading, matter that is not relevant to the action or defense. • A federal court may strike any impertinent matter from a pleading. Fed. R. Civ. P. 12(f). Cf. SCANDALOUS MATTER. [Cases: Federal Civil Procedure 1127; Pleading 364(4). C.J.S. Pleading § 683.] “The court will not strike out the matter unless

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top lease

Oil & gas. A lease granted on property already subject to an oil-and-gas lease. • Generally, any rights granted by a top lease are valid only if the existing lease ends. [Cases: Mines and Minerals 56. C.J.S. Mines and Minerals §§ 194–195, 233.]

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palace court

Palace Court. Hist. A court having jurisdiction over all personal actions arising within 12 miles of Whitehall. • This court was created by James I in response to complaints about the inconvenience of using the itinerant Court of the Marshalsea; its jurisdiction was similar, but the court remained in Whitehall. It was abolished along with

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pure comparative negligence doctrine

pure-comparative-negligence doctrine. The principle that liability for negligence is apportioned in accordance with the percentage of fault that the fact-finder assigns to each party and that a plaintiff’s percentage of fault reduces the amount of recoverable damages but does not bar recovery. See comparative negligence under NEGLIGENCE; APPORTIONMENT OF LIABILITY. Cf. 50-PERCENT RULE. [Cases: Negligence

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