A statutory lien asserted by an HMO, insurer, medical group, or independent practice association against those liable to the patient for damages, to recover money paid or claim money payable for healthcare services provided under a healthcare service plan or a disability insurance policy. — Also termed medical lien. Cf. hospital lien; workers’-compensation lien.
The act of violating an intellectual-property right without knowledge or awareness that the act constitutes infringement. • An innocent infringer may, in limited circumstances, escape liability for some or all of the damages. In the copyright context, damages may be limited if (1) the infringer was misled by the lack of a copyright notice on
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plus petitio (pl[schwa]s p[schwa]-tish-ee-oh). [Latin “overclaim” or “claiming too much”] Roman law. A claim for more than is due; esp., the mistake of claiming more in one’s pleadings than is due. • This was fatal to the action under classical law. Under cognitio extraordinaria, however, a claimant could continue the action, but could be liable
pretium (pree-shee-[schwa]m). [Latin] Price; value; worth. pretium affectionis (pree-shee-[schwa]m [schwa]-fek-shee-oh-nis). An enhanced value placed on a thing by the fancy of its owner, growing out of an attachment for the specific article and its associations; sentimental value. • This value is not taken as a basis for measuring damages. pretium periculi (pree-shee-[schwa]m p[schwa]-rik-y[schwa]-lI). The price
Judicial relief that is mutually exclusive with another form of judicial relief. • In pleading, a party may request alternative relief, as by asking for both specific performance and damages that would be averted by specific performance. Fed. R. Civ. P. 8(a). Cf. ELECTION OF REMEDIES. [Cases: Specific Performance 127. C.J.S. Specific Performance §§ 194–196,
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de vasto (dee vas-toh), n. [Law Latin “of waste”] A writ allowing a reversioner or remainderman to compel a tenant for life or for years to appear and answer for the waste and resulting damage to the plaintiff’s inheritance. See WASTE (1).
cahoots (k[schwa]-hoots).Slang. Partnership, esp. in an illegal act; collusion (the lawyer was in cahoots with her client). CAIRNS’S ACT Cairns’s Act (kairn-z[schwa]z). Hist. An 1858 statute that expanded the relief available in England’s chancery courts to include monetary damages in addition to injunctive relief. • Cairns’s Act was superseded by the Judicature Acts of 1873–1875.
underinsurance. An agreement to indemnify against property damage up to a certain amount but for less than the property’s full value.
de ejectione firmae (dee ee-jek-shee-oh-nee f[schwa]r-mee). [Latin “ejectment of farm”] Hist. A writ or action of trespass to obtain the return of lands or tenements to a lessee for a term of years that had been ousted by the lessor or by a reversioner, remainderman, or stranger. • The lessee was then entitled to a
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damnum et interesse (dam-n[schwa]m et in-t[schwa]r-es-ee). [Latin] Scots law. The loss and damage sustained. “Damnum et interesse. — The loss and interest; or, as the words may also be translated, damage, and its issues or consequences. The words are used by Erskine in treating of the liability of cautioners who become bound to see a
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