Legal Times



Justae nuptiae

A marriage between two persons who had the legal capacity to wed. Justae nuptiae was the only union that created the familial relationship known as patriapotestas.  “lustae nuptiae is such a marriage as satisfies all the rules of civil law. Any marriage between two persons who had the capacity of civil marriage with each other (conubium) was necessarily iustae nuptiae, for if the union was defective in any other respect it was no marriage at all. On the other hand, if there was no conubium between the parties it might still be actually a marriage (nuptiae, nuptiae non iustae), the wife being uxor non iusta, the children liberi non iusti. Such a marriage, in which one party at least would not be a civis, did not produce patria potestas over children. Black’s Law Dictionary Tenth edition Page, 995

Jus quaesitum tertio

A contractual right conferred on a third party. A third-party right may be conferred on a specified individual or on an identifiable class of people. “Where, in a contract between two parties, a stipulation is introduced in favour of a third, who is not a contracting party, the right thus created is said to be jus quaesitum tertio. Such a right, generally speaking, cannot be recalled by the contracting parties, and the third party, so far as he is concerned, may require exhibition and implement of the contract. Black’s Law Dictionary Tenth edition Page, 994

Patent-exhaustion doctrine

The rule that the unconditioned sale of a patented article ends the patentee’s monopoly right to control its use. That control may still be exercised by limitations in a contract or license, as long as it does not amount to anticompetitive patent misuse.  Black’s Law Dictionary Tenth edition Page, 1305

Jus tertii

Against a claim of an interest in property, the defense that a third party has a better right than the claimant. “[N]o defendant in an action of trespass can plead the jus tertii — the right of possession outstanding in some third person — as against the fact of possession in the plaintiff.” The doctrine that, particularly in constitutional law, courts do not decide what they do not need to decide. “Jus tertii,.,r . says nothing about the nature of legal argument on the merits of a case once formed, but as a symbol for the separability of cases is a useful term of art. Translated, however, it reads ‘right of a third person.’ It may once have been associated with a presumption of common-law jurisprudence that one cannot be harmed by an action that achieves its effect through effects upon others, cannot be ‘indirectly’ harmed.” A trademark-infringement defense based on the claim that a third party has trademark rights superior to those of the plaintiff. The defense may not be successful if the alleged infringer is found to have competed unfairly against the plaintiff even though the third party has superior trademark rights. Black’s Law Dictionary Tenth edition Page, 995

Quitclaim deed

A deed that conveys a grantor’s complete interest or claim in certain real property §but that neither warrants nor professes that the title is valid. Often shortened to quitclaim. Also termed deed without covenants. “A quitclaim deed purports to convey only the grantor’s present interest in the land, if any, rather than the land itself. Since such a deed purports to convey whatever interest the grantor has at the time, its use excludes any implication that he has good title, or any title at all. Such a deed in no way obligates the grantor. If he has no interest, none will be conveyed. If he acquires an interest after executing the deed, he retains such interest. If, however, the grantor in such deed has complete ownership at the time of executing the deed, the deed is sufficient to pass such ownership.”  Black’s Law Dictionary, Tenth Edition, Page 503

Lady Bird deed

A deed that allows a property owner to transfer ownership of the property to another while regaining the right to hold and occupy the property and use it as if the transferor were still the sole owner. This type of deed is used in a few states as an estate-planning tool to avoid probate. It enables a person to qualify for Medicaid while keeping a private home, or to make a gift without having to pay federal gift taxes. The name was accidentally coined in the 1980s by the Florida lawyer who invented this type of deed and used the names of the Lyndon Baines Johnson family in a sample deed. - Also termed enhanced-life-estate deed. Black’s Law Dictionary, Tenth Edition, Page 503

Cumulative-effects doctrine

The rule that a transaction affecting interstate commerce in a trivial way may be taken together with other similar transactions to establish that the combined effect on interstate commerce is not trivial and can therefore be regulated under the Commerce Clause. Black’s Law Dictionary, Tenth Edition, Page 463 Cura Furiosi A guardianship for an insane person who was mentally incapacitated. “The cura furiosi empowered and bound the curator manage the property of the lunatic on the lunatic's behalf.”   Black’s Law Dictionary, Tenth Edition, Page 463

Cooling-off period

1. An automatic delay between a person’s taking some legal action and the consequence of that action. 2. A period during which a buyer who has signed a sales agreement may cancel a purchase. 3. An automatic delay between the filing of divorce papers and the divorce hearing. 4. A period (usu. at least 20 days) between the filing of a registration and the effective Registration. 5. During a dispute, a period during which a rule precludes any action to be taken by either side. In labor disputes, a statutory cooling-off period forbids employee strikes and employer lockouts. 6. A period of time when two or more people or groups that are disputing something voluntarily agree to go away and think about how to improve the situation. Black’s Law Dictionary, Tenth Edition, Page 409

Cardinal-change doctrine

The principle that if the government makes a fundamental, unilateral change to a contract beyond the scope of what was originally contemplated, the other party (usu. a contract) will be released from the obligation to continue work under the contract. A contractors allegation of cardinal change is essentially an assertion that the government has breached the contract. Black’s Law Dictionary, Tenth Edition, Page 254

Amicus brief

A brief, usu. at the appellate level, prepared and filed by an amicus curiae with the court’s permission. — Sometimes shortened to amicus. Also termed friend-of-the-court brief “There are many different types of amicus briefs that persons or organizations want to submit to a court of appeals. An amicus sometimes wants to file a brief because it lacks confidence in the party's ability to address the core issues in the case accurately and competently. In that circumstance, an amicus brief is similar to a party’s brief, addressing the same issues as the party and advancing essentially the same points, although it may not include some of the required components of a party’s brief (for example, a statement of the case and, in many instances, a statement of the facts). Another type of amicus brief is filed simply ‘to enable the officers of trade associations to show their members that they are on the ball.’ In that circumstance, as Justice Scalia has put it with characteristic bluntness, ‘it really does not matter what the amicus brief says.’ Ideally, however, an amicus will attempt to say something that is of use to the court and different from v what the party says.  Black’s Law Dictionary, Tenth Edition, Page 230