racketeering, n. 1. A system of organized crime traditionally involving the extortion of money from businesses by intimidation, violence, or other illegal methods. [Cases: Racketeer Influenced and Corrupt Organizations 4, 103. C.J.S. RICO (Racketeer Influenced and Corrupt Organizations) §§ 4, 6.] 2. A pattern of illegal activity (such as bribery, extortion, fraud, and murder) carried […]
property settlement. 1. A judgment in a divorce case determining the distribution of the marital property between the divorcing parties. • A property settlement includes a division of the marital debts as well as assets. — Also termed property division; division of property. [Cases: Husband and Wife 248.] 2. A contract that divides up the
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A legislative directive included in a statute, intended to guide or direct a court’s interpretation of the statute. • A construction act can, for example, be a simple statement such as “The word ‘week’ means seven consecutive days” or a broader directive such as “Words and phrases are to be read in context and construed
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A written instrument that (1) is signed by the maker or drawer, (2) includes an unconditional promise or order to pay a specified sum of money, (3) is payable on demand or at a definite time, and (4) is payable to order or to bearer. UCC § 3-104(a). — Also termed negotiable paper; negotiable note.
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A definition that, for purposes of the document in which it appears, arbitrarily clarifies a term with uncertain boundaries or that includes or excludes specified items from the ambit of the term.
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oppression. 1. The act or an instance of unjustly exercising authority or power. 2. An offense consisting in the abuse of discretionary authority by a public officer who has an improper motive, as a result of which a person is injured. • This offense does not include extortion, which is typically a more serious crime.
Civil law. A verdict that properly answers the indictment with specific findings prescribed by statute, the possible findings being guilty, not guilty, and guilty of a lesser included offense.
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An association that involves one person’s reliance on the other person’s specialized training. • Examples include one’s relationship with a lawyer, doctor, insurer, banker, and the like.
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advice and consent. The right of the U.S. Senate to participate in making treaties and appointing federal officers, provided by U.S. Const. art. II, § 2. • As to treaties, the Senate’s advice and consent generally includes Senate involvement in the negotiation process, and the need for a two-thirds majority of the Senate for ratification.
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lucrum cessans (loo-kr[schwa]m ses-anz). [Law Latin “ceasing gain”] Hist. Damages awarded to include a loss of anticipated profit in addition to an actual realizable loss. — Also termed lucrum interceptum. See DAMNUM EMERGENS.