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testimonium clause

testimonium clause. A provision at the end of an instrument (esp. a will) reciting the date when the instrument was signed, by whom it was signed, and in what capacity. • This clause traditionally begins with the phrase “In witness whereof.” — Also termed testatum clause; witness clause. Cf. ATTESTATION CLAUSE. [Cases: Wills 111(2). C.J.S.

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retroactive

retroactive, adj. (Of a statute, ruling, etc.) extending in scope or effect to matters that have occurred in the past. — Also termed retrospective. Cf. PROSPECTIVE(1). [Cases: Administrative Law and Procedure 419; Courts 100(1); Statutes 261–278. C.J.S. Courts §§ 147–148; Public Administrative Law and Procedure §§ 89, 98; Statutes §§ 407–431.] — retroactivity, n. “

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vested rights doctrine

vested-rights doctrine. Constitutional law. The rule that the legislature cannot take away a right that has been vested by a court’s judgment; specif., the principle that it is beyond the province of Congress to reopen a final judgment issued by an Article III court. — Also termed doctrine of vested rights. [Cases: Constitutional Law 110.]

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civil service commission

Civil Service Commission. A former independent federal agency that supervised the government’s personnel system. • The agency was created in 1883 and abolished by Reorganization Plan No. 2 of 1978. Its functions were transferred to the Merit Systems Protection Board and the Office of Personnel Management. See MERIT SYS-TEMS PROTECTION BOARD; OFFICE OF PERSONNEL MANAGEMENT

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dramatic work

Any form of nonliterary work created for performance and viewing. • The term includes plays, scripts, films, choreographic works, and similar creations. [Cases: Copyrights and Intellectual Property 7. C.J.S. Copyrights and Intellectual Property § 13.]

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continuity of business enterprise

continuity of business enterprise. A doctrine covering acquisitive reorganizations whereby the acquiring cor-poration must continue the target corporation’s historical business or must use a significant portion of the target’s business assets in a new business to qualify the exchange as a tax-deferred transaction. [Cases: Corporations 445. 1. C.J.S. Corporations § 657.]

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