Codex Repetitae Praelectionis (koh-deks rep-[schwa]-tI-tee pri-lek-shee-oh-nis). [Latin “code of the resumed reading”] Roman law. See JUSTINIAN CODE. “By the time when the Digest and Institutes had been completed it was obvious that the Codex, published little more than four years earlier, was incomplete, since in the interval Justinian … had promulgated other new con-stitutions. Tribonian, […]
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Williams Act. A federal statute, enacted in 1968, that amended the Securities Exchange Act of 1934 by requiring investors who own more than 5% of a company’s stock to furnish certain information to the SEC and to comply with certain requirements when making a tender offer. [Cases: Securities Regulation 52.10–52.50. C.J.S. Securities Regulation §§ 121–141.]
advance, n. 1. The furnishing of money or goods before any consideration is received in return. 2. The money or goods furnished.
emotional distress. A highly unpleasant mental reaction (such as anguish, grief, fright, humiliation, or fury) that results from another person’s conduct; emotional pain and suffering. • Emotional distress, when severe enough, can form a basis for the recovery of tort damages. — Also termed emotional harm; mental anguish; mental distress; mental suffering. See INTENTIONAL INFLICTION
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A crime that involves performing a particular act without intending a further act or a further result.
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request for reconsideration. Patents. An applicant’s submission of further arguments after a patent claim’s rejection. [Cases: Patents 104. C.J.S. Patents §§ 145–147, 149–151, 173–175.]
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due-on-encumbrance clause. A mortgage provision giving the lender the option to accelerate the debt if the borrower further mortgages the real estate without the lender’s consent. • All state laws on the enforcement of due-on-sale clauses have been preempted, and the subject is now governed exclusively by the Garn Act. 12 USCA § 1701j–3. [Cases:
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jettison (jet-[schwa]-s[schwa]n), n. Maritime law. 1. The act of voluntarily throwing cargo overboard to lighten or stabilize a ship that is in immediate danger. — Also termed equitable jettison; jactura; jactus mercium navis levandae causa. See general average under AVERAGE. 2. JETSAM. — jettison, vb. “The goods must not be swept away by the violence
ac etiam (ak ee-shee-[schwa]m oresh-ee-[schwa]m). [Law Latin] Common-law pleading. 1. And also. • These words introduced a genuine claim in a pleading in a common-law case in which a fictitious claim had to be alleged to give the court jurisdiction. In other words, the phrase ac etiam directed the court to the real cause of
A breach of contract that is significant enough to permit the aggrieved party to elect to treat the breach as total (rather than partial), thus excusing that party from further performance and affording it the right to sue for damages. [Cases: Contracts 317, 318. C.J.S. Contracts §§ 334, 450–455, 507, 541–544.]