position of the United States. The legal position of the federal government in a lawsuit, esp. in a case involving the Equal Access to Justice Act. • Under the EAJA, the reasonableness of the position in light of precedent determines whether the government will be liable for the opposing party’s attorney’s fees. [Cases: United States […]
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International Trade Administration. A unit in the U.S. Department of Commerce responsible for promoting world trade and strengthening the international trade and investment position of the United States. • Created in 1980, the agency operates through three offices: the Office of the Assistant Secretary for Import Services, the Office of the Assistant Secretary for Market
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acte (akt), n. [French] French law. 1. An instrument; a proof in writing, such as a deed, bill of sale, or birth cer-tificate. acte authentique (akt oh-tawn-teek). A deed executed with certain prescribed formalities, in the presence of a notary or other official. acte de décès (akt d[schwa] day-say). A death certificate. acte de francisation
office. 1. A position of duty, trust, or authority, esp. one conferred by a governmental authority for a public purpose (the office of attorney general). [Cases: Officers and Public Employees 1. C.J.S. Officers and Public Employees §§ 1–9, 12–17, 21.] 2. (often cap.) A division of the U.S. government ranking immediately below a department (the
substantially justified. (Of conduct, a position, etc.) having a reasonable basis in law and in fact. • Under the Equal Access to Justice Act, a prevailing party in a lawsuit against the government will be unable to recover its attorney’s fees if the government’s position is substantially justified. [Cases: United States 147(10).]
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solicitor general. (usu. cap.) The second-highest-ranking legal officer in a government (after the attorney general); esp., the chief courtroom lawyer for the executive branch. — Abbr. SG. Pl. solicitors general. “By [federal] law, only the Solicitor General or his designee can conduct and argue before the Supreme Court cases ‘in which the United States is
mortmain statute. A law that limits gifts and other dispositions of land to corporations (esp. charitable ones) and that prohibits corporations from holding land in perpetuity. • In England, laws such as the Provisions of Westminster and Magna Carta essentially required the Crown’s authorization before land could vest in a corporation. The object was to
mineral entry. The right of entry on public land to mine valuable mineral deposits. [Cases: Mines and Minerals 9–38. C.J.S. Mines and Minerals §§ 13, 26–93, 95–110, 112, 131.] “It is the policy of the United States, as expressed in Acts of Congress, to make public lands available to the people for the purpose of
treasure trove.[Law French “treasure found”] Valuables (usu. gold or silver) found hidden in the ground or other private place, the owner of which is unknown. • At common law in the United States, the finder of a treasure trove can usu. claim good title against all except the true owner. But until 1996, all treasure
Espionage Act. A federal law that criminalizes and punishes espionage, spying, and related crimes.18 USCA §§ 793 et seq. • Two Espionage Acts were passed. The 1917 act criminalized false statements intended to interfere with the war effort; to willfully cause or attempt to cause dissension in the armed forces; or to willfully obstruct national