essoin de malo villae (dee mal-oh vil-ee). Hist. A procedure by which a defendant, who was in court the first day but was then taken ill without pleading, would send two essoiners to state in court that the defendant was detained by sickness in a particular village and thus unable to attend. • This essoin […]
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negotiorum gestio (ni-goh-shee-or-[schwa]m jes-chee-oh), n. [Latin “management of another’s affairs”] Roman & civil law. A quasi-contractual situation in which an actor (negotiorum gestor) manages or interferes in the business transaction of another person (dominus negotii) in that person’s absence, without authority but out of concern or friendship. La. Civ. Code art. 2292. • By such
deem, vb. 1. To treat (something) as if (1) it were really something else, or (2) it had qualities that it does not have (although the document was not in fact signed until April 21, it explicitly states that it must be deemed to have been signed on April 14). 2. To consider, think, or
Department of State. The cabinet-level department of the federal government responsible for advising the President in formulating and executing foreign policy. • Headed by the Secretary of State, the Department negotiates treaties and other agreements with foreign nations; speaks for the United States before the United Nations and other international organizations; and represents the United
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A one-foot-deep layer of coal, water, or other material spread over one acre. • This measurement method is used to value coal land for tax purposes. It is also used to measure the volume and capacity of reservoirs.
trigamy (trig-[schwa]-mee), n. The act of marrying a person while legally married to someone else and bigamously married to yet another. [Cases: Bigamy 1. C.J.S. Bigamy §§ 2–6, 8.] “Trigamy, literally three marriages, is often used for a special situation. ‘Trigamy,’ in the sense of the special problem of the third wife, stems from the
A treaty designed to unify and streamline patent prosecutions and trademark applications among the signatories. • The Convention eased the harsh effects of the first-to-file priority rule by allowing an applicant in any member country one year in which to apply in other member countries while maintaining the application’s original priority date. It also banned
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dispositive clause. Scots law. In a deed, the clause of conveyance by which the grantor describes the property conveyed, its conditions or burdens, the name of the grantee, and the destination to heirs. See DESTINATION(3).
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prior restraint. A governmental restriction on speech or publication before its actual expression. • Prior restraints violate the First Amendment unless the speech is obscene, is defamatory, or creates a clear and present danger to society. [Cases: Constitutional Law 90(3). C.J.S. Constitutional Law §§ 502, 542, 546–550.] “The legal doctrine of prior restraint (or formal