peace officer. A civil officer (such as a sheriff or police officer) appointed to maintain public tranquility and order; esp., a person designated by public authority to keep the peace and arrest persons guilty or suspected of crime. • This term may also include a judge who hears criminal cases or another public official (such […]
sui heredes (s[y]oo-I h[schwa]-ree-deez). [Latin] Roman law. One’s own heirs. — Also spelled sui haeredes. — Often shortened to sui. See SUUS HERES . “If a man died without a will, his property went to his sui heredes (own heirs, direct heirs), that is, to the persons who were previously under his potestas, but were
citizen suit. An action under a statute giving citizens the right to sue violators of the law (esp. environmental law) and to seek injunctive relief and penalties. • In the 1970s, during the heyday of antipollution statutes such as the Clean Water Act and the Clean Air Act, legislators believed that regulators sometimes become too
National Institute of Corrections. A federal organization (established within the Bureau of Prisons) whose responsibilities include helping federal, state, and local authorities improve correctional programs, conducting research on correctional issues such as crime prevention, and conducting workshops for law-enforcement personnel, social workers, judges, and others involved in treating and rehabilitating offenders. 18 USCA §§ 4351–4353.
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An asset that by law may not be included in evaluating the financial condition of an insurance company because it cannot be converted quickly into cash without a financial loss. Cf. admitted asset. [Cases: Insurance 1363. C.J.S. Insurance § 168.]
accountant. 1. A person authorized under applicable law to practice public accounting; a person whose business is to keep books or accounts, to perform financial audits, to design and control accounting systems, and to give tax advice. • For some purposes, the term includes a professional accounting association, a corporation, and a part-nership, if they
A person having a property right in or claim against a thing, such as a trust or decedent’s estate. • The meaning may expand to include an entity, such as a business that is a creditor of a decedent. — Abbr. IP.
surplusage (s[schwa]r-pl[schwa]s-ij). 1. Redundant words in a statute or legal instrument; language that does not add meaning (the court must give effect to every word, reading nothing as mere surplusage). [Cases: Statutes 202, 206. C.J.S. Statutes § 327.] 2. Extraneous matter in a pleading (allegations that are irrelevant to the case will be treated as
self-destruct clause. A provision in a trust for a condition that will automatically terminate the trust. • Discretionary trusts, esp. supplemental-needs trusts, often include a self-destruct provision. For example, a trust to provide for the needs of a disabled person may terminate if the beneficiary becomes ineligible for a government-benefits program such as Medicaid.
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preferring of charges. Military law. The formal completion of a charge sheet, which includes signing and swearing to the charges and specifications. • Only a person subject to the Uniform Code of Military Justice can prefer charges. Cf. INITIATION OF CHARGES. [Cases: Armed Services 47(2); Military Justice 951. C.J.S. Armed Services § 164; Military Justice
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