A remedy imposed by equity when property is transferred under circumstances suggesting that the transferor did not intend for the transferee to have the beneficial interest in the property. — Also termed implied trust; presumptive trust. Cf. constructive trust. [Cases: Trusts 62–90. C.J.S. Trover and Conversion §§ 10–11, 128–142, 144–173.]
special-hazard rule. The principle that an employee is covered by workers’ compensation for injuries received while traveling to or from work if the route used contains unique risks or hazards and is not ordinarily used by the public except in dealing with the employer. • This is an exception to the general rule that an
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talesman (taylz-m[schwa]n ortay-leez-m[schwa]n).Archaic. 1. A person selected from among the bystanders in court to serve as a juror when the original jury panel has become deficient in number. [Cases: Jury 72. C.J.S. Juries §§ 333–334, 337.] 2. VENIREMEMBER. — Also termed tales-juror.
Insanity produced by a violent excitement of the emotions or passions, although reasoning faculties may remain unimpaired; a passion that for a period creates complete derangement of intellect. • Emotional insanity is sometimes described as an irresistible impulse to do an act. See IRRESISTIBLE-IMPULSE TESTT. [Cases: Criminal Law 51. C.J.S. Criminal Law §§ 99–108.]
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jury nullification. A jury’s knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself or because the result dictated by law is contrary to the jury’s sense of justice, morality, or fairness.
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certificate of purchase. A document reflecting a successful bid for property at a judicial sale. • The bidder receives a property deed if the land is not redeemed or if the sale is confirmed by court order. — Also termed certificate of sale. [Cases: Judicial Sales 61. C.J.S. Judicial Sales §§ 48–52.]
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A trust created to benefit a specific charity, specific charities, or the general public rather than a private individual or entity. • Charitable trusts are often eligible for favorable tax treatment. — Also termed public trust; charitable use. See charitable deduction under DEDUCTION; CY PRES. Cf. private trust. [Cases: Charities 1; Internal Revenue 4048; Taxation