California, United States of America
The following excerpt is from Tapp v. Superior Court, 216 Cal.App.3d 1030, 265 Cal.Rptr. 267 (Cal. App. 1989):
" '[T]he rule of law is well established that where the legislature uses terms already judicially construed, "the presumption is almost irresistible [216 Cal.App.3d 1036] that it used them in the precise and technical sense which had been placed upon them by the courts." ' [Citations.]" (People v. Curtis (1969) 70 Cal.2d 347, 355, 74 Cal.Rptr. 713, 450 P.2d 33.) Indeed, we cannot resist the temptation here. "Excusable neglect" is a legal term of art common in the law. Judicial interpretations guide us in determining whether either dismissal here was due solely to excusable neglect.
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