formula. [Latin “set form of words”] 1. Roman law. A written document, prepared by a praetor and forwarded to a judex, identifying the issue to be tried and the judgment to be given by the judex. • It was based on model pleas formulated by the praetor in his edict and adapted by him or […]
A purposeful use of unclear language, usu. when two negotiating parties cannot agree on clear, precise language and therefore leave a decision-maker to sort out the meaning in case of a dispute. • Strictly speaking, this is a misnomer: the more precise term is vagueness, not ambiguity. See VAGUENESS(1).
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A corporation formed to give a short-term venture the appearance of a long-term in-vestment in order to portray income as capital gain, rather than profit. • The corporation is typically formed for the sole purpose of purchasing property. The corporation is usu. dissolved before the property has generated sub-stantial income. The Internal Revenue Service treats
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witnesseth, vb. Shows; records. • This term, usu. set in all capitals, commonly separates the preliminaries in a contract, up through the recitals, from the contractual terms themselves. Modern drafters increasingly avoid it as an antiquarian relic. Traditionally, the subject of this verb was This Agreement: the sentence, boiled down, was This Agreement witnesseth [i.e.,
angary (ang-g[schwa]-ree).Int’l law. A country’s right, in war or other urgent circumstances, to seize — for temporary use — neutral merchant ships in its inland or territorial waters as well as aircraft within its territory, with full indemnity by the country. — Also termed right of angary; jus angariae; angaria. “In many respects the content
benefit of division. Civil law. A surety’s right to be sued only for a part of the debt proportionate to the number of solvent cosureties. — Also termed (in Roman law) beneficium divisionis; (in French law) bénéfice de division; (in Scots law) right of division. [Cases: Principal and Surety 66, 168, 169. C.J.S. Principal and
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nuntius (n[schwa]n-shee-[schwa]s), n. [Latin] [“bearer of news”] 1. Roman law. A messenger. • Declarations through a messenger were usu. as valid as those by letter. 2. Hist. A messenger sent to make an excuse for a party’s absence in court. 3. Hist. An officer of the court. — Also termed summoner; beadle. 4. Eccles. law.
A committee established for a particular purpose or a limited time. • A legislature will ordinarily establish a special committee for a nonlegislative purpose, such as writing memorials, procuring chaplains, determining the qualifications of members, and settling election disputes. — Also termed ad hoc committee; select committee; temporary committee. [Cases: States 34. C.J.S. States §§
sublessee. A third party who receives by lease some or all of the leased property from a lessee. — Also termed subtenant; (esp. in England) undertenant. [Cases: Landlord and Tenant 80. C.J.S. Landlord and Tenant § 46.]
A legal assumption that a court is required to make if certain facts are established and no contradictory evidence is produced [by presumption of law, a criminal defendant is considered innocent until proven guilty beyond a reasonable doubt]. — Also termed legal presumption; artificial presumption; praesumptio juris; pseudopresumption of law. [Cases: Evidence 86. C.J.S. Evidence
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