A remedy that, under the circumstances, can be pursued expeditiously before the aggrieved party has incurred substantial detriment. • “Speedy remedy” is an informal expression with no fixed meaning — that is, what is considered speedy in one context may not be considered speedy in other contexts. For example, the Federal Tax Injunction Act requires […]
A court’s nondeferential review of an administrative decision, usu. through a review of the administrative record plus any additional evidence the parties present. — Also termed de novo review. [Cases: Administrative Law and Procedure 744. C.J.S. Public Administrative Law and Procedure § 218.]
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negotiable instrument. A written instrument that (1) is signed by the maker or drawer, (2) includes an unconditional promise or order to pay a specified sum of money, (3) is payable on demand or at a definite time, and (4) is payable to order or to bearer. UCC § 3-104(a). — Also termed negotiable paper;
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ancient readings. Hist. Lectures on ancient English statutes, formerly having substantial legal authority.
sidebar conference. 1. A discussion among the judge and counsel, usu. over an evidentiary objection, outside the jury’s hearing. — Also termed bench conference. [Cases: Trial 18, 50. C.J.S. Trial §§ 91–92, 176.] 2. A discussion, esp. during voir dire, between the judge and a juror or prospective juror. — Often shortened to sidebar.
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A party who may be joined in a case for reasons of judicial economy but whose presence is not essential to the proceeding. See permissive joinder under JOINDER. [Cases: Federal Civil Procedure 241; Parties 14, 25. C.J.S. Parties §§ 3–5, 41–43, 45–47, 56–57, 59–63.]
time-price doctrine. The rule that if a debt arises out of a purchase and sale, the usury laws do not apply. • If a higher price is charged for a deferred payment than for an immediate payment, the difference between the time price and the cash price is deemed compensation to the seller for the
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A contract for the loan of money on a ship, usu. at extraordinary interest, for maritime risks encountered during a certain period or for a certain voyage. • The loan can be enforced only if the vessel survives the voyage. — Also termed bottomage bond. Cf. respondentia bond. [Cases: Shipping 89–100. C.J.S. Shipping §§ 223–231.]
institutio heredis (in-sti-t[y]oo-shee-oh h[schwa]-ree-dis). [Latin] Roman law. The naming of an heir, which was essential to the validity of a will; specif., the designation in a will of a person as the testator’s heir. — Also termed heredis institutio.
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A spurious mark that is identical to, or substantially indistinguishable from, a registered trademark. 15 USCA § 11. — Also termed counterfeit mark. [Cases: Trade Regulation 312. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition § 151.]
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