autolimitation, n. An authority’s establishment of rules that, in effect, limit the authority’s own power. — auto-limit, vb. “The theory of Jellinek (Allgemeine Staatslehre), so far as the writer understands it, is not an explanation either. In his view something which he calls the State, not defined, but, as it seems, a group of persons, […]
crassa negligentia (kras-[schwa] neg-li-jen-shee-[schwa]). [Latin] Hist. Crass negligence; gross negligence. “In the Civil Law: Crassa negligentia is termed magna culpa or lata culpa, and it is in some cases deemed equivalent to fraud or deceit …. In the Common Law: it is defined to be the want of that care which every man of common
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mining claim. A parcel of land that contains precious metal in its soil or rock and that is appropriated by a person according to established rules and customs known as the process of location. See LOCATION(4), (5). [Cases: Mines and Minerals 13, 28. C.J.S. Mines and Minerals §§ 35, 65.] lode claim. A mining claim
A mining claim (on public land) to a well-defined vein embedded in rock; a mining claim to a mineral lode. [Cases: Mines and Minerals 16, 28. C.J.S. Mines and Minerals §§ 13, 38–40, 65.]
antidumping law. A statute designed to protect domestic companies by preventing the sale of foreign goods at less than fair value, as defined in the statute (for example, at a price below that of the domestic market). See DUMPING. [Cases: Customs Duties 21. 5. C.J.S. Customs Duties §§ 135–152.]
course of dealing. An established pattern of conduct between parties in a series of transactions (e.g., multiple sales of goods over a period of years). • If a dispute arises, the parties’ course of dealing can be used as evidence of how they intended to carry out the transaction. Cf. COURSE OF PERFORMANCE ; trade
Hand formula. A balancing test for determining whether conduct has created an unreasonable risk of harm, first formulated by Judge Learned Hand in United States v. Carroll Towing Co., 159 F.2d 169 (2d Cir. 1947). • Under this test, an actor is negligent if the burden of taking adequate precautions against the harm is outweighed
security interest. A property interest created by agreement or by operation of law to secure performance of an obligation (esp. repayment of a debt). • Although the UCC limits the creation of a security interest to personal property, the Bankruptcy Code defines the term to mean “a lien created by an agreement.” 11 USCA §
Charta de Foresta. Hist. A charter that defined the extent of the Crown’s rights and privileges in the royal forests, granted the common people some rights to use the forests, and reduced the penalties for crimes such as poaching. • The charter was first promulgated in 1217 and revised in 1225. — Also termed Carta
menacing, n. An attempt to commit common-law assault. • The term is used esp. in jurisdictions that have defined assault to include battery. See ASSAULT. [Cases: Assault and Battery 61; Extortion and Threats 25. 1. C.J.S. Assault and Battery § 82; Threats and Unlawful Communications §§ 2–20.]