scienter (sI-en-t[schwa]r or see-), n. [Latin “knowingly”] 1. A degree of knowledge that makes a person legally responsible for the consequences of his or her act or omission; the fact of an act’s having been done knowingly, esp. as a ground for civil damages or criminal punishment. See KNOWLEDGE; MENS REA . [Cases: Criminal Law […]
syndicus (sin-di-k[schwa]s), n. [Latin “advocate” fr. Greek syn- “with” + dike “lawsuit”] Roman law. One chosen (by a corporate body such as a municipality, college, etc.) to represent it at law. See SYNDIC.
A business undertaking by two or more persons engaged in a single defined project. • The necessary elements are: (1) an express or implied agreement; (2) a common purpose that the group intends to carry out; (3) shared profits and losses; and (4) each member’s equal voice in controlling the project. — Also termed joint
Under ERISA, an employee benefit plan established or maintained for its employees by the federal government, state or local governments, or their agencies or instrumentalities. 29 USCA § 1002(32). • If a collective-bargaining agreement between a labor union and a governmental entity includes a benefit plan, that plan may be a governmental plan if it
holdback, n. An amount withheld from the full payment of a contract pending the other party’s completion of some obligation, esp. to ensure that a contractor finishes the work agreed on beforehand. • The terms of a holdback are typically expressed in the contract. The device gives the contractor an incentive to finish the work,
European Convention on Human Rights. A 1950 international agreement to protect human rights. • The European Commission for Human Rights and the European Court for Human Rights were created under the convention’s terms.
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A mortgage giving the lender the right to recover (as contingent interest) an agreed percentage of the property’s appreciation in value when it is sold or at some other specified, future date. — Abbr. SAM.
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sign, vb. 1. To identify (a record) by means of a signature, mark, or other symbol with the intent to authenticate it as an act or agreement of the person identifying it (both parties signed the contract). 2. To agree with or join (the commissioner signed on for a four-year term).
treating-physician rule. The principle that a treating physician’s diagnoses and findings about the degree of a social-security claimant’s impairment are binding on an administrative-law judge in the absence of substantial contrary evidence. [Cases: Social Security and Public Welfare 143.65. C.J.S. Social Security and Public Welfare § 71.]
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collectability. The ability of a judgment creditor to make a judgment debtor pay the amount of the judgment; the degree to which a judgment can be satisfied through collection efforts against the defendant.