Search Results for: TEC

legal subrogation

Subrogation that arises by operation of law or by implication in equity to prevent fraud or injustice. • Legal subrogation usu. arises when (1) the paying party has a liability, claim, or fiduciary relationship with the debtor, (2) the party pays to fulfill a legal duty or because of public policy, (3) the paying party […]

legal subrogation Read More »

volumus

volumus (vol-[schwa]-m[schwa]s), vb. [Latin] Hist. We will; it is our will. • This was the first word of a clause in royal writs of protection and letters patent. It uses the royal we — the plural first person by which monarchs have traditionally spoken.

volumus Read More »

arrest of judgment

arrest of judgment. The staying of a judgment after its entry; esp., a court’s refusal to render or enforce a judgment because of a defect apparent from the record. • At common law, courts have the power to arrest judgment for intrinsic causes appearing on the record, as when the verdict differs materially from the

arrest of judgment Read More »

midcal test

Midcal test. Antitrust. The doctrine that the anticompetitive acts of a private party will be considered state acts — and thereby protected from liability under the antitrust laws — if the acts are within a clearly articulated and affirmatively expressed policy of the state, and if the conduct is actively supervised by the state. California

midcal test Read More »

possidere

possidere (pos-[schwa]-dee-ree). [Latin fr. potis “having power” + sedere “to sit”] Hist. To possess (a thing), esp. as a person with an interest protected by law (e.g., an owner or mortgagee) rather than a mere custodian. “A distinction was made in the civil law, and adopted by Bracton, between possidere, (to possess,) and esse in

possidere Read More »

unified family court

In some jurisdictions, a court that hears all family matters, including matters of divorce, juvenile delinquency, adoption, abuse and neglect, and criminal abuse. • A unified family court also hears matters typically heard in family court (in jurisdictions that have statutory family courts) or in courts of general jurisdiction, such as divorce, paternity, and emancipation

unified family court Read More »

Scroll to Top