automatism (aw-tom-[schwa]-tiz-[schwa]m), n. 1. Action or conduct occurring without will, purpose, or reasoned intention, such as sleepwalking; behavior carried out in a state of unconsciousness or mental dissociation without full awareness. • Automatism may be asserted as a defense to negate the requisite mental state of voluntariness for commission of a crime. [Cases: Criminal Law […]
A contract made between parties to an earlier contract so that the new one takes the place of and discharges the earlier one. • A substituted contract differs from a novation (as “novation” is traditionally defined) in that the latter requires the substitution for the original obligor of a third person not a party to
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A trust in which the estates and interests in the subject matter of the trust are completely limited and defined by the instrument creating the trust and require no further instruments to complete them. — Also termed complete voluntary trust.[Cases: Trusts 114. C.J.S. Trover and Conversion § 215.]
ratchet theory. Constitutional law. The principle that Congress, in exercising its enforcement power under the 14th Amendment, can increase but not dilute the scope of 14th Amendment guarantees as previously defined by the Supreme Court. • The thought underlying the term is that the enabling clause works in only one direction, like a ratchet. The
advancement, n. A payment or gift to an heir (esp. a child) during one’s lifetime as an advance share of one’s estate, with the intention of reducing or extinguishing or diminishing the heir’s claim to the estate under intestacy laws. • In some jurisdictions, the donor’s intent is irrelevant if all the statutory elements of
postnuptial agreement (pohst-n[schwa]p-sh[schwa]l). An agreement entered into during marriage to define each spouse’s property rights in the event of death or divorce. • The term commonly refers to an agreement between spouses during the marriage at a time when separation or divorce is not imminent. When dissolution is intended as the result, it is more
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Tax. Compensation that is not deductible as a business expense because the com-pensation is out of proportion to the services actually rendered or because it is in excess of statutorily defined limits. IRC (26 USCA) § 162. [Cases: Internal Revenue 3323. C.J.S. Internal Revenue § 162.]
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generally accepted accounting principles. The conventions, rules, and procedures that define approved ac-counting practices at a particular time. • These principles are issued by the Financial Accounting Standards Board for use by accountants in preparing financial statements. The principles include not only broad guidelines of general application but also detailed practices and procedures. — Abbr.
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ordinary-meaning rule. 1. The rule that when a word is not defined in a statute or other legal instrument, the court normally construes it in accordance with its ordinary or natural meaning. 2. PLAIN-MEANING RULE.
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adjournment ([schwa]-j[schwa]rn-m[schwa]nt), n. 1. The act of adjourning; specif., a putting off of a court session or other meeting or assembly until a later time. See ADJOURN. adjournment sine die ([schwa]-j[schwa]rn-m[schwa]nt sI-nee [or sin-ay] dI-ee). The ending of a deliberative assembly’s or court’s session without setting a time to reconvene. — Also termed adjournment without