clear-and-present-danger test. Constitutional law. The doctrine allowing the government to restrict the First Amendment freedoms of speech and press if necessary to prevent immediate and severe danger to interests that the government may lawfully protect. • This test was formulated by Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct. […]
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rapport à succession (ra-por ah sook-ses-syawn), n. [French “return to succession”] Civil law. The restoration to an estate of property that an heir received in advance from the decedent, so that an even distribution may be made among all the heirs. Cf. HOTCHPOT.
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An estate that is heritable only by specified descendants of the original grantee, and that endures until its current holder dies without issue (e.g., “to Albert and the heirs of his body”). • Most jurisdictions — except Delaware, Maine, Massachusetts, and Rhode Island — have abolished the fee tail. — Also termed entailed estate; estate
An individual’s personal name, second or middle names or initials (if any), and surname arranged in a customary order. • In Western cultures, the traditional order is usu. personal name, middle names or initials, and surname. In many other cultures, the order is surname first, followed by one or more personal names. [Cases: Names 1.]
claim preclusion. See RES JUDICATA. “[T]he principal distinction between claim preclusion and issue preclusion is … that the former forecloses litigation of matters that have never been litigated. This makes it important to know the dimensions of the ‘claim’ that is foreclosed by bringing the first action, but unfortunately no precise definition is possible.” Charles
officiousness ([schwa]-fish-[schwa]s-n[schwa]s), n. Interference in the affairs of others without justification under the circumstances. — officious, adj.
legitimi heredes (l[schwa]-jit-[schwa]-mI h[schwa]-ree-deez), n. pl.[Latin] Roman law. Heirs on intestacy, as determined by the Twelve Tables; specif., the Praetor’s second rank of claimants to an intestate’s estate, comprising the agnates of the Twelve Tables order and some others, such as the decedent’s patron. See TWELVE TABLES.
fama publica (fay-m[schwa] p[schwa]b-li-k[schwa]). [Latin “public repute”] Hist. A person’s reputation in the community. • A person’s fama publica could be used against him or her in a criminal proceeding. Cf. ILL FAME . “Now in the thirteenth century we find in the sheriff’s turn a procedure by way of double presentment, and we may
Civil law. A will that does not dispose of property to the testator’s natural heirs; esp., a will that deprives the heirs of a portion of the estate to which they are entitled by law. — Also termed inofficious will; unofficious will. See forced heir under HEIR. [Cases: Wills 82. C.J.S. Wills § 173.]
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sui heredes (s[y]oo-I h[schwa]-ree-deez). [Latin] Roman law. One’s own heirs. — Also spelled sui haeredes. — Often shortened to sui. See SUUS HERES . “If a man died without a will, his property went to his sui heredes (own heirs, direct heirs), that is, to the persons who were previously under his potestas, but were