Sui Generis--a New York law blog

Define That Term #312

The most recent term was Feres Doctrine, which is defined as:

A legal doctrine that prevents people who are injured as a result of military service from successfully suing the federal government under the Federal Tort Claims Act. The doctrine comes from the U.S. Supreme Court case Feres v. United States, in which servicemen who picked up highly radioactive weapons fragments from a crashed airplane were not permitted to recover damages from the government. Also known as the Feres-Stencel doctrine or the Feres rule.

No one guessed this time around.

Today's term is:

preference relative.

As always, no dictionaries please.

Define That Term #310

Last week's term was G.A.T.T., which is defined as:

General Agreement on Tariffs and Trade-A comprehensive free-trade treaty signed in 1947 by 117 nations, including almost every developed country. The goal of GATT has been to promote global economic growth by encouraging and regulating world trade. Among other things, member countries are required to treat all other member countries equally in the application of import and export tariffs, offer basic copyright protection to authors from member countries, consult with each other about trade matters and attempt to resolve differences in a peaceful manner. GATT created an international regulatory body known as the World Trade Organization (WTO) to enforce compliance with the agreement.

Edward Wiest and Elaine Necht got it right!

This week's term is:

pur autre vie.

As always, no dictionaries.

Define that term #309

Last week's term was carryover basis, which is defined as:

The tax basis of someone who receives a gift. The recipient's basis is the same as the giver's; it simply "carries over" when the gift is made.

Edward Wiest got it right!

Today's term is:

G.A.T.T.

It's a new one for me.  Do you know what it means?  As always, not dictionaries, please.

Define That Term #208

Last week's term was volenti non fit injuria, which is defined as:

Latin for "to a willing person, no injury is done." This doctrine holds that a person who knowingly and willingly puts himself in a dangerous situation cannot sue for any resulting injuries.

John Halton's guess was right on target!

Today's term is:

carryover basis.

As always, educated guesses are welcome-dictionaries are not.

Define That Term #206

Last week's term was words of procreation, which is defined as:

Language used to leave property to a person and his or her descendants, which typically take the form "to A, and the heirs of his body," where A is the person receiving the property.

No one guessed this time around.

Today's term is:

irresistible impulse test.

As always, no dictionaries, please.

Define That Term #205

Last week's term was homestead declaration, which is defined as:

A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that is, you are not required to record a homestead declaration in order to claim the homestead exemption. A few states do require such a recording, however.

Edward Wiest got it right, right?

Today's term is:

words of procreation.

And no, it's not what it sounds like.  No dictionaries, please.

Define That Term #302

Last week's term was doctrine of equivalents, which is defined as:

A patent rule under which a new device or process violates an existing patent if the new invention does the same work in a substantially similar way to achieve the same results.

No one guessed this time around.

Today's term is:

secondary meaning.

As always, no dictionaries, please.

Define That Term #300

Last weeks term was golden rule argument, which is defined as:

During a jury trial, an attempt to persuade the jurors to put themselves in the place of the victim or the injured person and deliver the verdict that they would wish to receive if they were in that person's position. For example, if the plaintiff in a personal injury case has suffered severe scarring, the plaintiff's lawyer might ask the jury to come back with the verdict they themselves would want to receive had they been disfigured in such a manner. As a rule, judges frown upon this type of argument, because jurors are supposed to consider the facts of a case in an objective manner.

David Gottlieb got it right!

Today's term is:

dedimus potestatum.

As always, no dictionaries, please.

Define That Term #299

Last week's term was habeas corpus ad subjiciendum which is defined as:

Latin for "You have the body." A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him. If the judge orders a hearing after reading the writ, the prisoner gets to argue that his confinement is illegal. These writs are frequently filed by convicted prisoners who challenge their conviction on the grounds that the trial attorney failed to prepare the defense and was incompetent. Prisoners sentenced to death also file habeas petitions challenging the constitutionality of the state death penalty law. Habeas writs are different from and do not replace appeals, which are arguments for reversal of a conviction based on claims that the judge conducted the trial improperly. Often, convicted prisoners file both.

Edward Wiest got it right!

This week's term is:

golden rule argument.

As always, educated guesses are welcome!

Define That Term #298

Last week's term was ipse dixit, which is defined as:

Latin for "he himself said it." The term labels something that is asserted but unproved.

Kathleen's guess was awfully close.

Today's term is:

habeas corpus ad subjiciendum.

As always, educated guesses are welcome; dictionaries are not.