dicast (dI-kast ordik-ast), n. [Greek dikastes] Hist. An ancient Greek officer sitting as both judge and juror. • Each dicast was generally a free citizen over the age of 30. The dicasts sat together in groups of 100 to 500, according to each case’s importance, and decided cases by a majority.
code state. Hist. A state that, at a given time, had already procedurally merged law and equity, so that equity was no longer administered as a separate system; a state in which there is only one form of civil action. • This term was current primarily in the early to mid-20th century. Cf. NONCODE STATE.
A goal of criminal law generally, or of a specific conviction and sentence, to discourage people from committing crimes.
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Goods that are normally used in more than one jurisdiction (such as shipping containers and road-construction machinery) and that are held by the debtor as equipment or leased by the debtor to others. • Under previous drafts of the Uniform Commercial Code, the procedure for perfecting a security interest in mobile goods was generally defined
navigable (nav-i-g[schwa]-b[schwa]l), adj. 1. Capable of allowing vessels or vehicles to pass, and thereby usable for travel or commerce (the channel was barely navigable because it was so narrow). [Cases: Navigable Waters 1. C.J.S. Navigable Waters § 1.] navigable in fact, adj. Naturally usable for travel or commerce in the present condition. • A stream
Maritime law. The passing of a vessel by sea from one place, port, or country to another. • Courts generally hold that the term includes the entire enterprise, not just the route. [Cases: Shipping 165. C.J.S. Shipping §§ 395–397.]
ore tenus (or-ee tee-n[schwa]s orten-[schwa]s), adv. & adj.[Latin “by word of mouth”] 1. Orally; by word of mouth; VIVA VOCE (pleading carried on ore tenus). “Pleadings are the mutual altercations between the plaintiff and defendant; which at present are set down and delivered into the proper office in writing, though formerly they were usually put
judicial branch. The branch of government consisting of the courts, whose function is to interpret, apply, and generally administer and enforce the laws; JUDICIARY(1). Cf. LEGISLATIVE BRANCH; EXECUTIVE BRANCH. [Cases: Constitutional Law 67–75. C.J.S. Constitutional Law §§ 169–214, 441.]
A system of law promulgated and implemented within a particular political community by political superiors, as distinct from moral law or law existing in an ideal community or in some nonpolitical community. • Positive law typically consists of enacted law — the codes, statutes, and regulations that are applied and enforced in the courts. The
ready, willing, and able. (Of a prospective buyer) legally and financially capable of consummating a purchase. [Cases: Brokers 54; Specific Performance 87. C.J.S. Brokers §§ 152–154; Specific Performance §§ 104, 106–107, 109.] “ ‘READY, WILLING, AND ABLE’ — A phrase referring to a prospective buyer of property who is legally capable and financially able to
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