fact-finding. 1. The process of taking evidence to determine the truth about a disputed point of fact. 2. Int’l law. The gathering of information for purposes of international relations, including the peaceful settlement of disputes and the supervision of international agreements. • Examples of fact-finding include legislative tours and the acquisition of information required for […]
addictio in diem ([schwa]-dik-shee-oh in dI-[schwa]m). [Latin “assignment for a fixed period” or “postponement to a date”] Roman law. A clause in a contract of sale in which the parties agree that the contract can be terminated if the seller receives a better offer within a specified period. — Also termed in diem addictio.
de odio et atia (dee oh-dee-oh et ay-shee-[schwa]), n. [Law Latin “of hatred and malice”] Hist. A writ ordering a sheriff to summon a 12-member jury to inquire whether a prisoner jailed for murder was charged for a good reason or only because of ill-will and to determine whether bail should be set. • If
recharacterization. A court’s determination that an insider’s loan to an entity in liquidation (such as a corporation or partnership) should be treated as a capital contribution, not as a loan, thereby entitling the insider to only part of the liquidation proceeds payable after all the business’s debts have been discharged. • Factors influencing this determination
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A court’s acceptance, for purposes of convenience and without requiring a party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact [the trial court took judicial notice of the fact that water freezes at 32 degrees Fahrenheit].Fed. R. Evid. 201. — Also termed judicial cognizance; judicial knowledge. [Cases: Criminal
Average resulting from an intentional partial sacrifice of ship or cargo to avoid total loss. • The liability is shared by all parties who had an interest in the voyage. — Abbr. GA. — Also termed gross average; general-average contribution. [Cases: Shipping 186–202. C.J.S. Shipping §§ 458–470.]
Act of Union. Any of several acts of Parliament uniting various parts of Great Britain. • The term applies to (1) the Laws in Wales Act (1535), which united Wales with England and made that principality subject to English law, and (2) the Union with Ireland Act (1800), which abolished the Irish Parliament and incorporated
A certificate, investment contract, or other security providing for a series of periodic payments by the holder and representing an undivided interest in certain specified securities or in a unit or fund of securities purchased wholly or partly with the proceeds of those payments. • The term also includes any security whose issuer is also
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A law that pertains to and affects a particular case, person, place, or thing, as opposed to the general public. — Also termed special act; private law. Cf. general law (1). [Cases: Statutes 77–104. C.J.S. Statutes §§ 148–149, 154–155, 159, 162–201.]
Garrity statement (gar-[schwa]-tee). A public employee’s oral or written report (as of an incident) obtained under a threat of termination of employment. • A public employee usu. makes a Garrity statement in the course of an internal investigation (as by a police department). Because a Garrity statement is coerced, the statement and any evidence obtained