Chevron deference. A two-part test under which a court will uphold a federal agency’s construction of a federal statute if (1) the statute is ambiguous or does not address the question at issue, and (2) the agency’s interpretation of the statute is reasonable. • If the court finds that the legislature’s intent is clearly expressed […]
precedence (pres-[schwa]-d[schwa]nts or pr[schwa]-seed-[schwa]nts), n. 1. The order or priority in place or time observed by or for persons of different statuses (such as political dignitaries) on the basis of rank during ceremonial events. 2. Generally, the act or state of going before something else according to some system of priorities. 3. Parliamentary law. The
The design or plan that the legislature had at the time of enacting a statute. — Also termed intention of the legislature; intent of the legislature; congressional intent; parliamentary intent. [Cases: Statutes 181(1). C.J.S. Statutes § 315.]
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Uniform Limited Partnership Act. A model law promulgated in 1916 for adoption by state legislatures to govern the relationship between the partners of a limited partnership. • At one time it was adopted in all states except Louisiana. The National Conference of Commissioners on Uniform State Laws promulgated the Revised Uniform Limited Partnership Act (RULPA)
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referral sales contract. A dual agreement consisting of an agreement by the consumer to purchase goods or services (usu. at an inflated price) and an agreement by the seller to compensate the consumer for each customer (or potential customer) referred to the seller. — Also termed referral sales agreement. Cf. PYRAMID SCHEME. [Cases: Consumer Protection
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contubernium (kon-t[y]uu-b[schwa]r-nee-[schwa]m). [Latin] Roman law. A marriage-like union between slaves. • Contubernium was recognized in the United States. Before slavery was abolished, only one Southern court gave a marriage between slaves legal effect upon manumission. See Girod v. Lewis, 6 Mart. (O.S.) 559, 559–60 (La. 1819). In 1825, the Louisiana legislature passed a law expressly
school district. A political subdivision of a state, created by the legislature and invested with local powers of self-government, to build, maintain, fund, and support the public schools within its territory and to otherwise assist the state in administering its educational responsibilities. [Cases: Schools 21. C.J.S. Schools and School Districts §§ 14–17, 21.] consolidated school
origination clause. (often cap.) 1. The provision in the U.S. Constitution that all bills for increasing taxes and raising revenue must originate in the House of Representatives, not the Senate (U.S. Const. art. I, § 7, cl. 1). • The Senate may, however, amend revenue bills. 2. A provision in a state constitution requiring that
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The intent that the legislature would have had if a given ambiguity, inconsistency, or omission had been called to the legislators’ minds. — Sometimes shortened to dormant intent. — Also termed latent intent; latent intention.
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