aider by verdict. The cure of a pleading defect by a trial verdict, based on the presumption that the record contains adequate proof of the necessary facts even if those facts were not specifically alleged. — Also termed cure by verdict. [Cases: Indictment and Information 200–203; Pleading 432–437. C.J.S. Indictments and Informations §§ 252–256; Pleading […]
excess clause. An insurance-policy provision — usu. contained in the “other insurance” section of the policy — that limits the insurer’s liability to the amount exceeding other available coverage. • This clause essentially requires other insurers to pay first. Cf. ESCAPE CLAUSE; PRO RATA CLAUSE. [Cases: Insurance 2111(2).]
Wharton’s rule ([h]wor-t[schwa]n).Criminal law. The doctrine that an agreement by two or more persons to commit a particular crime cannot be prosecuted as a conspiracy if the crime could not be committed except by the actual number of participants involved. • But if an additional person participates so as to enlarge the scope of the
controlled group. Tax. Two or more corporations whose stock is substantially held by five or fewer persons. • The Internal Revenue Code subjects these entities (such as parent-subsidiary or brother-sister groups) to special rules for computing tax liability. — Also termed controlled corporate groups. IRC (26 USCA) §§ 851(c)(3), 1563(a). [Cases: Internal Revenue 3870–3880. C.J.S.
necessitas culpabilis (n[schwa]-ses-i-tas k[schwa]l-pay-b[schwa]-lis). [Latin “culpable necessity”] Hist. An unfortunate necessity that, while essentially excusing the act done under its compulsion, does not necessarily relieve the actor from blame. “And as to the necessity which excuses a man who kills another se defendendo lord Bacon entitles it necessitas culpabilis …. For the law intends that
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classified information. Data or material that, having been designated as secret or confidential, only a limited number of authorized persons may know about.
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jury wheel. A physical device or electronic system used for storing and randomly selecting names of potential jurors. [Cases: Jury 65. C.J.S. Juries § 309.]
damnum emergens (dam-n[schwa]m i-m[schwa]r-jenz). [Latin “damage arising”] Hist. An actual realized loss (such as a decline in the value of property) as opposed to an expected future loss (such as loss of profit); consequential loss. “These kinds of damage are distinguished by the commentators as damnum emergens and lucrum cessans, which may be rendered ‘positive
tolling agreement. An agreement between a potential plaintiff and a potential defendant by which the defendant agrees to extend the statutory limitations period on the plaintiff’s claim, usu. so that both parties will have more time to resolve their dispute without litigation. [Cases: Limitation of Actions 14. C.J.S. Limitations of Actions § 25.]
fairly-debatable rule. 1. Insurance. In some states, a test that requires an insurer to have a plausible basis for denying a claim to avoid bad-faith liability. [Cases: Insurance 3336. C.J.S. Insurance §§ 1163, 1342, 1576, 1578–1581.] 2. Zoning. A doctrine that bars a court from interfering with a zoning decision that is supported by substantial
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