race statute. A recording act providing that the person who records first, regardless of notice, has priority. • Only Louisiana and North Carolina have race statutes. — Also termed pure race statute; race act. Cf. NOTICE STATUTE ; RACE-NOTICE STATUTE. [Cases: Vendor and Purchaser 231(11).C.J.S. Vendor and Pur-chaser § 502.]
recording act (不动产)登记法 一种规定契据或其他财产权益登记条件以及在不同当事人对同一财产(通常为不动产)主张权益时确定何者优先的法律。亦作「recording statute」。(→notice statute; race statute; race-notice statute)
recording act. A law that establishes the requirements for recording a deed or other property interest and the standards for determining priorities between persons claiming interests in the same property (usu. real property). • Recording acts — the three main types of which are the notice statute, the race statute, and the race-notice statute —
Uniform Putative and Unknown Fathers Act. A 1988 model statute aimed at codifying Supreme Court decisions on the rights of an unwed father in relation to his child. • The Act deals primarily with an unwed father’s right to notice of a termination and adoption proceeding, to adjudication of paternity, to visitation, and to custody.
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adverse-domination doctrine. The equitable principle that the statute of limitations on a breach-of-fiduciary-duty claim against officers and directors (esp. a corporation’s action against its own officers and directors) is tolled as long as a corporate plaintiff is controlled by the alleged wrongdoers. • The statute is tolled until a majority of the disinterested directors discover
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at the courthouse door. (Of the posting of a notice of judicial sale, etc.) on the courthouse door, or in direct proximity to the door, as on a bulletin board that is located just outside the door and that is regularly used for the posting of legal notices. • Some statutes may specify that the
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fair warning. Criminal law. The requirement that a criminal statute define an offense with enough precision so that a reasonable person can know what conduct is prohibited and so that a reasonably skilled lawyer can predict what conduct falls within the statute’s scope. — Also termed fair notice. [Cases: Criminal Law 13.1(1). C.J.S. Criminal Law
handbill. A written or printed notice displayed, handed out, or posted, usu. to inform interested people of an event or of something to be done. • Posting and distribution of handbills is regulated by ordinance or statute in most localities.
rulemaking, n. The process used by an administrative agency to formulate, amend, or repeal a rule or regulation. — Also termed administrative rulemaking. Cf. ADMINISTRATIVE ADJUDICATION; INFORMAL AGENCY ACTION. [Cases: Administrative Law and Procedure 381–427. C.J.S. Public Administrative Law and Procedure §§ 87–114.] — rulemaking, adj. formal rulemaking. Agency rulemaking that, when required by statute
A foreclosure process by which, according to the mortgage instrument and a state statute, the mortgaged property is sold at a nonjudicial public sale by a public official, the mortgagee, or a trustee, without the stringent notice requirements, procedural burdens, or delays of a judicial foreclosure. • Power-of-sale foreclosure is authorized and used in more
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