livery of seisin. Hist. The ceremony by which a grantor conveyed land to a grantee. • Livery of seisin involved either (1) going on the land and having the grantor symbolically deliver possession of the land to the grantee by handing over a twig, a clod of dirt, or a piece of turf (called livery […]
distinguish, vb. 1. To note a significant factual, procedural, or legal difference in (an earlier case), usu. to minimize the case’s precedential effect or to show that it is inapplicable (the lawyer distinguished the cited case from the case at bar). “In practice, courts do not concede to their predecessors the power of laying down
lucri causa (loo-krIkaw-z[schwa]). [Latin] For the sake of gain. • Lucri causa was formerly an essential element of larceny, but today the thief’s intent to deprive the possessor of property is generally sufficient. See LARCENY. “ ‘Lucri causa’ literally means for the sake of gain. On rare occasions the suggestion has been made that no
An error that is so obvious and prejudicial that an appellate court should address it despite the parties’ failure to raise a proper objection. • A plain error is often said to be so obvious and substantial that failure to correct it would infringe a party’s due-process rights and damage the integrity of the judicial
aetas pubertati proxima (ee-tas pyoo-b[schwa]r-tay-tIprok-s[schwa]-m[ schwa]), n. [Latin] Roman law. The second period of childhood, (for males) from 10 1/2 to 14 years of age. Cf. AETAS INFANTIAE PROXIMA; PUERITIA.
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based on. Copyright. Derived from, and therefore similar to, an earlier work. • If one work is “based on” an earlier work, it infringes the copyright in the earlier work. To be based on an earlier work, a later work must embody substantially similar expression, not just substantially similar ideas. See derivative work under WORK(2).
teamwork. Work done by a team; esp., work by a team of animals as a substantial part of one’s business, such as farming, express carrying, freight hauling, or transporting material. • In some jurisdictions, animals (such as horses) that work in teams are exempt from execution on a civil judgment.
negligent, adj. Characterized by a person’s failure to exercise the degree of care that someone of ordinary prudence would have exercised in the same circumstance (the negligent driver went through the stop sign) (negligent construction caused the bridge to collapse). [Cases: Automobiles 146; Negligence 200, 232. C.J.S. Motor Vehicles §§ 18, 41, 500–503, 506–510, 545–546,
nude, adj. 1. Naked; unclothed. 2. Lacking in consideration or in some essential particular. See NUDUM PACTUM. 3. Mere; lacking in description or specification.
affray ([schwa]-fray). The fighting, by mutual consent, of two or more persons in some public place, to the terror of onlookers. • The fighting must be mutual. If one person unlawfully attacks another who resorts to self-defense, the first is guilty of assault and battery, but there is no affray. — Also termed fray. Cf.