A condition that must occur or be performed at the same time as another condition, the performance by each party separately operating as a condition precedent; a condition that is mutually dependent on another, arising when the parties to a contract agree to exchange performances simultaneously. — Also termed condition concurrent. [Cases: Contracts 225. C.J.S. […]
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transit passage. Int’l law. The right of a vessel or airplane to exercise freedom of navigation and overflight solely for the purpose of continuous and expeditious transit between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone. — Also termed right
digest, n. 1. An index of legal propositions showing which cases support each proposition; a collection of summaries of reported cases, arranged by subject and subdivided by jurisdiction and court. • The chief purpose of a digest is to make the contents of reports available and to separate, from the great mass of caselaw, those
Louisiana law. A servitude appurtenant that binds the servient estate’s owner to maintain a roof so that rainwater does not drip or drain onto the dominant estate. La. Civ. Code art. 664. — Also termed servitude of drip and drain.
An improvement-patent claim characterized by a preamble setting forth the current state of the art, followed by the phrase “the improvement comprising” and a description of the claimed patentable improvement. • The name comes from Ex parte Jepson, 1917 C.D. 62, 243 O.G. 526 (Ass’t Comm’r Pat. 1917) in which this type of claim was
semble (sem-b[schwa]l). [Law French] It seems; it would appear (semble that the parties’ intention was to create a binding agreement). • This term is used chiefly to indicate an obiter dictum in a court opinion or to introduce an uncertain thought or interpretation. — Abbr. sem.; semb.
emergency doctrine. 1. A legal principle exempting a person from the ordinary standard of reasonable care if that person acted instinctively to meet a sudden and urgent need for aid. — Also termed imminent-peril doctrine; sudden-emergency doctrine; sudden-peril doctrine. [Cases: Negligence 291. C.J.S. Negligence §§ 69–73.] 2. A legal principle by which consent to medical
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A bequest whose effectiveness or continuation depends on the occurrence or nonoccurrence of a particular event. • An example might be a testator’s gift of “the income from the farm to my daughter, Betty, until she remarries.” If a condition prohibits certain legal conduct, such as using tobacco or growing a beard, it is sometimes
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emblements (em-bl[schwa]-m[schwa]nts). 1. The growing crop annually produced by labor, as opposed to a crop occurring naturally. • Emblements are considered personal property that the executor or administrator of a deceased tenant may harvest and take regardless of who may have since occupied the land. — Also termed fructus industriales. [Cases: Crops 1. C.J.S. Crops
franchise court. Hist. A privately held court that (usu.) exists by virtue of a royal grant, with jurisdiction over a variety of matters, depending on the grant and whatever powers the court acquires over time. • In 1274, Edward I abolished many of these feudal courts by forcing the nobility to demonstrate by what authority