A trial in which one party insists that a record exists to support its claim and the opposing party denies the existence of such a record. • If the record can be produced, the court will consider it in reaching a verdict — otherwise, it will rule for the opponent.
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follow-the-fortunes doctrine. Insurance. The principle that a reinsurer must reimburse the reinsured for its payment of settled claims as long as the reinsured’s payments were reasonable and in good faith. • This rule prevents a reinsurer from second-guessing a reinsured’s good-faith decision to pay a claim arguably not covered under the original insurance policy. —
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constitutional law. 1. The body of law deriving from the U.S. Constitution and dealing primarily with govern-mental powers, civil rights, and civil liberties. 2. The body of legal rules that determine the constitution of a state or country with an unwritten constitution. Cf. STATUTORY LAW; COMMON LAW . 3. The field of law dealing with
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after-acquired-evidence doctrine. Employment law. The rule that if an employer discharges an employee for an unlawful reason and later discovers misconduct sufficient to justify a lawful discharge, the employee cannot win reinstatement. • The doctrine either shields the employer from liability or limits the available relief when, after an employee has been terminated, the employer
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essoin (e-soyn), n. [fr. Old French essoi(g)ne “excuse”] Hist. 1. An excuse for not appearing in court on an appointed day in obedience to a summons. 2. The offering or presentation of such an excuse. — Also spelled essoign. “The first return-day of every term, properly speaking, is the first day of that term; and
Parliamentary law. A consultant trained in parliamentary law who advises the chair and others on matters of parliamentary law and procedure. • The parliamentarian, who is often a professional, only advises and never “rules” on procedural issues. See PARLIAMENTARY LAW; PARLIAMENTARY PROCEDURE.
praesumitur pro negante (pri-zyoo-m[schwa]-t[schwa]r proh ni-gan-tee). [Latin] It is presumed for the negative. • This is the rule of the House of Lords when the votes are equal on a motion.
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legitimacy. 1. Lawfulness. 2. The status of a person who is born within a lawful marriage or who acquires that status by later action of the parents; legal kinship between a child and its parent or parents. Cf. ILLEGITIMACY. [Cases: Children Out-of-Wedlock 1. C.J.S. Children Out-of-Wedlock §§ 2–11.] “In this age of equality, the question
fee-splitting. 1. The division of attorney’s fees between two or more lawyers, esp. between the lawyer who handled a matter and the lawyer who referred the matter. • Some states consider this practice unethical. 2. The division of attorney’s fees between two or more lawyers who represent a client jointly but are not in the
fact-finder. One or more persons — such as jurors in a trial or administrative-law judges in a hearing — who hear testimony and review evidence to rule on a factual issue. — Also termed finder of fact; fact-trier or trier of fact (in a judicial proceeding); fact-finding board (for a group or committee). See FINDING