Sui Generis--a New York law blog

Defined That Term #278

Last Sunday's term was dedimus potestatum, which is defined as:

An outdated legal procedure that permitted a party to take and record the testimony of a witness before trial, but only when that testimony might otherwise be lost. For example, a party to a lawsuit might use the procedure to obtain the testimony of a witness who was terminally ill and might not be able to testify at the trial. Nowadays, the Federal Rules of Civil Procedure routinely permit the taking of testimony before trial if that testimony might otherwise be lost.

No one guessed this time around.

Today's term is:

words of procreation.

I'd never heard of this particular term before--I'd be interested in seeing if any of you have.

Plus, I figured it would likely lend itself to some creative definitions, which are always entertaining.

As always, no dictionaries, please.

Define That Term #277

Last week's term was nolle prosequi, which is defined as:

Latin for "we shall no longer prosecute." At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge’s permission to “nol-pros” a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated “nol. pros.” or “nol-pros.”

Edward Wiest got it right!

Today's term is:

dedimus potestatum.

As always, no dictionaries, please.

Define That Term #276

Last week's term was, in honor of our ex-governor, naked option, which is defined as:

An opportunity to buy stock at a fixed price, offered by a seller who does not own the stock to back up the promise. If the buyer wants to exercise the option, the seller must purchase the stock at market price to make good on the offer.

Edward Wiest got it right, although David Gottlieb's definition wasn't necessarily all that far from the mark!

Today's term is:

nolle prosequi.

As always, no dictionaries, please.

Define That Term #275

The most recent term was floating easement, which is defined as:

n. an easement (a right to use another's property for a particular purpose) which allows access and/or egress but does not spell out the exact dimensions and location of the ease.

Jim Rose's guess was incorrect, but funny.

Today's term is, in honor of our ex-governor:

naked option.

As always, keep your dictionaries shut, per favore.

Define That Term #274

Last Thursday's term was long cause, which is defined as:

n. a lawsuit in which it is estimated that a trial will take more than one day. In many courts the so-called "short cause" cases will be scheduled more quickly than long cause cases, since "short cause" cases are easier to fit into busy court calendars. If a trial estimated as a "short cause" turns out to take longer than one day, the judge may declare a mistrial and force the parties to try the case over again from scratch at a later date as a "long cause."

Edward Wiest's guess, while humorous, was incorrect.

Today's term is:

floating easement.

As always, no dictionaries, please.

Define That Term #273

Last Thursday's term was uberrimae fidei, a common term in admiralty law, which is defined as:

Of the utmost good faith. 

No one guessed this time around.

Today's term is:

long cause.

As always, no dictionaries, please.

Define That Term #272

Sunday's term was tenancy at sufferance, which is defined as:

n. a "hold-over" tenancy after a lease has expired but before the landlord has demanded that the tenant quit (vacate) the premises. During a tenancy at sufferance the tenant is bound by the terms of the lease (including payment of rent) which existed before it expired. The only difference between a "tenancy at sufferance" and a "tenancy at will" is that the latter was created by agreement.

Edward Wiest got it right!

Today's term comes to us via Volokh Conspiracy:

UBERRIMAE FIDE

As always, no dictionaries, please.

Define That Term #271

Last Sunday's term was expropriation, which is defined as:

n. a taking of property or rights by governmental authority such as eminent domain, possibly including an emergency situation, such as taking a person's truck or bulldozer to build a levee during a flood. In such a case just compensation eventually must be paid to the owner, who can make a claim against the taker. See also: eminent domain.

Edward Wiest's guess was awfully close.

Today's term is:

tenancy at sufferance.

As always, no dictionaries, please.

 

Define That Term #270

Alas, I skipped this post on Thursday, but I have an excellent excuse.  My entire household, with the exception of our dog, has been battling the dreaded flu for the past week.  It was all I could do to function on a basic level, and I'm a bit surprised I was able to blog at all.  I'm quite the trooper, if I may say so myself.

But, back to the task at hand.  Last Sunday's term was toll:

v. 1) to delay, suspend or hold off the effect of a statute. Examples: a) a minor is injured in an accident when he is 14 years old, and the state law (statute of limitations) allows a person hurt by negligence two years to file suit for damages. But for a minor the statute is "tolled" until he/she becomes 18 and decides whether or not to sue. Thus the minor has two years after 18 to file suit. b) state law allows 10 years to collect a judgment, but if the judgment debtor (party who owes the judgment amount) leaves the state, the time is "tolled," so the judgment creditor (party to whom judgment is owed) will have extra time to enforce the judgment equal to the time the debtor was out of state. 2) a charge to pass over land, use a toll road or turnpike, cross a bridge or take passage on a ferry.

Edward Wiest got it right!

Today's term is:

expropriation.

As always, no dictionaries, please.

Define That Term #269

Thursday's term was peace bond which is defined as

n. a bond required as part of a court order to guarantee that a person will stay away from another person he/she has threatened or bothered. The bond will be forfeit (given up) if the order is violated, but that is no consolation to a person injured, molested or murdered by the violator. See also: injunction stay away order.

No one guessed this time around. 

Today's term is:

toll.

As always, no dictionaries, please.