case at bar
A case under the immediate consideration of the court. — Also termed case at bench; instant case; present case. See BAR(3).
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bargain and sale
bargain and sale. 1. A negotiated transaction, usu. for goods, services, or real property. 2. Hist. A written agreement for the sale of land whereby the buyer would give valuable consideration (recited in the agreement) without having to enter the land and perform livery of seisin, so that the parties equitably “raised a use” in
bar association
bar association. An organization of members of the legal profession (several state bar associations sponsor superb CLE programs). See BAR(2). [Cases: Attorney and Client 31. C.J.S. Attorney and Client §§ 8–9.] local bar association. A bar association organized on a local level, such as an association within a county or city. • Local bar associations
absolute bar rule
absolute-bar rule. The principle that, when a creditor sells collateral without giving reasonable notice to the debtor, the creditor may not obtain a deficiency judgment for any amount of the debt that is not satisfied by the sale. [Cases: Mortgages 375, 559(3); Secured Transactions 230, 240. C.J.S. Mortgages §§ 674–676, 934–935, 937, 950; Secured Transactions
time bar
time-bar, n. A bar to a legal claim arising from the lapse of a defined length of time, esp. one contained in a statute of limitations. [Cases: Limitation of Actions 1. C.J.S. Limitations of Actions §§ 2–4.] — time-barred, adj.
sidebar comment
sidebar comment. An unnecessary, often argumentative remark made by an attorney or witness, esp. during a trial or deposition. — Often shortened to sidebar. — Also termed sidebar remark. [Cases: Trial 113. C.J.S. Trial § 318.]
permissive subject of bargaining
permissive subject of bargaining. Labor law. An employment or collective-bargaining issue, other than a basic employment issue, that is not required to be the subject of collective bargaining but that cannot be implemented by management without union approval. • For example, altering the scope of the bargaining unit does not affect a term or condition
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contribution bar
contribution bar. Preclusion of a defendant having contribution rights against other defendants, who have settled their dispute with the plaintiff, from seeking contribution from them. • The bar is usu. allowed in exchange for a credit against any judgment the plaintiff obtains against the nonsettling defendant. [Cases: Contribution 8. C.J.S. Contribution §§ 26–31.]
bargain theory of consideration
bargain theory of consideration. The theory that a promise or performance that is bargained for in exchange for a promise is consideration for the promise. • This theory underlies all bilateral contracts. See bilateral contract under CONTRACT. [Cases: Contracts 50. C.J.S. Contracts § 87.] “[C]lassical contract theory tended to associate the doctrine of consideration with
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