concerted action. An action that has been planned, arranged, and agreed on by parties acting together to further some scheme or cause, so that all involved are liable for the actions of one another. — Also termed concert of action. [Cases: Conspiracy 2, 24(1). C.J.S. Conspiracy §§ 9–15, 17, 113–116.]
fiduciary (fi-d[y]oo-shee-er-ee), n. 1. A person who is required to act for the benefit of another person on all matters within the scope of their relationship; one who owes to another the duties of good faith, trust, confidence, and candor (the corporate officer is a fiduciary to the corporation). 2. One who must exercise a
Falcidian law (fal-sid-ee-[schwa]n).Roman law. A law prescribing that one could give no more than three-fourths of one’s property in legacies and that the heirs should receive at least one-fourth (the Falcidian portion). • If the testator violated this law, the heir had the right to deduct proportionally from each legatee as necessary. The law, proposed
summary judgment. A judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. • The court considers the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether
Damages that are alleged to have been sustained in the circumstances of a particular wrong. • To be awardable, special damages must be specifically claimed and proved. — Often shortened to specials. — Also termed particular damages. See Fed. R. Civ. P. 9(g). [Cases: Damages 5. C.J.S. Damages §§ 3–6.]
incorporator. A person who takes part in the formation of a corporation, usu. by executing the articles of incorporation. — Also termed corporator. “An ‘incorporator’ must be sharply distinguished from a ‘subscriber.’ The latter agrees to buy shares in the corporation; in other words, a subscriber is an investor and participant in the venture. An
similarity. Intellectual property. The resemblance of one trademark or copyrighted work to another. • How closely a trademark must resemble another to amount to infringement depends on the nature of the product and how much care the typical buyer would be expected to take in making the selection in that particular market. It is a
internuncio (in-t[schwa]r-n[schwa]n-shee-oh), n. [fr. Latin internuntius] 1. A messenger between two parties. 2. A broker who serves as agent of both parties to a transaction. — Also termed internuncius. 3. A papal representative at a foreign court, ranking below a nuncio. Cf. NUNCIO(1); LEGATE(3). — internuncial, adj.
trading halt. A temporary suspension of trading in a particular security for a specific reason, such as an order imbalance or a pending news announcement. • Options can be exercised during a trading halt, and open orders may be canceled. — Also termed suspended trading. Cf. TRADING CURB.
scabini (sk[schwa]-bI-nI). [Law Latin] Hist. Judges or the judge’s assessors in the court held by the count; magistrates. • The term was found in a charter from the wardens of Lynn in Norfolk, during the reign of Henry VIII. But even earlier than that, the title was used in Charlemagne’s empire (the French equivalent being