cognovit (kog-noh-vit). [Latin “he has conceded (a debt or an action)”] An acknowledgment of debt or liability in the form of a confessed judgment. • Formerly, credit contracts often included a cognovit clause in which the consumer relinquished, in advance, any right to be notified of court hearings in any suit for nonpayment — but […]
detinue (det-i-nyoo or -noo). A common-law action to recover personal property wrongfully taken by another. Cf. REPLEVIN; TROVER. [Cases: Detinue 1. C.J.S. Detinue § 1.] “A claim in detinue lies at the suit of a person who has an immediate right to the possession of the goods against a person who is in actual possession
joint participation. Civil-rights law. A pursuit undertaken by a private person in concert with a governmental entity or state official, resulting in the private person’s performing public functions and thereby being subject to claims under the civil-rights laws. — Also termed joint activity. See SYMBIOTIC-RELATIONSHIP TEST; NEXUS TEST. [Cases: Civil Rights 1326(5). C.J.S. Civil Rights
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saving clause. 1. A statutory provision exempting from coverage something that would otherwise be included. • A saving clause is generally used in a repealing act to preserve rights and claims that would otherwise be lost. [Cases: Statutes 228, 277. C.J.S. Statutes §§ 370–372, 431.] 2. SAVING-TO-SUITORS CLAUSE. 3. SEVERABILITY CLAUSE. — Also termed savings
A privilege that immunizes an actor from suit, no matter how wrongful the action might be, and even though it is done with an improper motive. Cf. qualified privilege. [Cases: Libel and Slander 36; Torts 16. C.J.S. Libel and Slander; Injurious Falsehood§§ 58, 65, 69; Right of Privacy and Publicity §§ 20, 28, 31–33, 44;
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public-function test. In a suit under 42 USCA § 1983, the doctrine that a private person’s actions constitute state action if the private person performs functions that are traditionally reserved to the state. — Also termed public-function doctrine; public-function theory. [Cases: Civil Rights 1326(4, 7). C.J.S. Civil Rights §§ 92–94.]
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