self-help, n. An attempt to redress a perceived wrong by one’s own action rather than through the normal legal process. • The UCC and other statutes provide for particular self-help remedies (such as repossession) if the remedy can be executed without breaching the peace. UCC § 9-609. — Also termed self-redress; extrajudicial enforcement. [Cases: Secured […]
commonwealth. 1. A nation, state, or other political unit (the Commonwealth of Pennsylvania). [Cases: States 1. C.J.S. States §§ 2, 16.] 2. A political unit that has local autonomy but is voluntarily united with the United States (Puerto Rico and the Northern Mariana Islands are commonwealths). Cf. DEPENDENCY(1); INSULAR AREA; TERRITORY(2). 3. A loose association
bait and switch. A sales practice whereby a merchant advertises a low-priced product to lure customers into the store, only to induce them to buy a higher-priced product. • Most states prohibit the bait and switch when the original product is not actually available as advertised. — Also termed bait advertising. [Cases: Consumer Protection 7.
related proceeding. Bankruptcy. A proceeding that involves a claim that will affect the administration of the debtor’s estate (such as a tort action between the debtor and a third party), but that does not arise under bankruptcy law and could be adjudicated in a state court. • A related proceeding must be adjudicated in federal
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A committee of the House of Representatives, a committee of the Senate, or a joint committee. [Cases: United States 23. C.J.S. United States § 39.]
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A federal court’s refusal to review a state court’s decision in cases involving a complex reg-ulatory scheme and sensitive areas of state concern. Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098 (1943).
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A divorce obtained outside the state or country in which one spouse resides. [Cases: Divorce 351–420. C.J.S. Divorce §§ 769–825, 837–844, 851–861.]
joint administration. Bankruptcy. The management of two or more bankruptcy estates, usu. involving related debtors, under one docket for purposes of handling various administrative matters, including notices to creditors, to conclude the cases more efficiently. • A bankruptcy court can order a joint administration when there are two or more cases pending involving a husband
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A judgment rendered by a court of a state or country different from that where the judgment or its effect is at issue. [Cases: Judgment 813–832. C.J.S. Judgments §§ 965–1038, 1053.]
navigable water. 1. At early common law, any body of water affected by the ebb and flow of the tide. • This test was first adopted in England because most of England’s in-fact navigable waters are influenced by the tide, unlike the large inland rivers that are capable of supporting commerce in the United States.