preferential transfer. Bankruptcy. A prebankruptcy transfer made by an insolvent debtor to or for the benefit of a creditor, thereby allowing the creditor to receive more than its proportionate share of the debtor’s assets; specif., an insolvent debtor’s transfer of a property interest for the benefit of a creditor who is owed on an earlier […]
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essentialia (e-sen-shee-ay-lee-[schwa]). [Law Latin “essentials”] Scots law. Terms or qualities essential to the existence of a particular right or contract. Cf. ACCIDENTALIA. “Essentialia. This term, applied to a contract, or right, or other subject of law, signifies those things which are essential to the very being of the contract or right, as such, and any
substantial-performance doctrine. The rule that if a good-faith attempt to perform does not precisely meet the terms of an agreement or statutory requirements, the performance will still be considered complete if the essential purpose is accomplished, subject to a claim for damages for the shortfall. • Under the Uniform Probate Code, a will that is
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ad probandum aliquid per credentiam duodecim hominum vicinorum 〈拉〉根据十二位邻居的证词来证明某一事件
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valentia (v[schwa]-len-shee-[schwa]), n. [Law Latin from Latin valere “to be of value”] Hist. Value; worth. • In old indictments for larceny, this term often appeared to express the value of the things taken.
Predominant overnight responsibility for a child.
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somnolentia (sahm-n[schwa]-len-shee-[schwa]). 1. The state of drowsiness. 2. A condition of incomplete sleep resembling drunkenness, during which part of the faculties are abnormally excited while the others are dormant; the combined condition of sleeping and wakefulness producing a temporary state of involuntary intoxication. • To the extent that it destroys moral agency, somnolentia may be
Evidence. A rule that prefers one kind of evidence to another. • It may work provisionally, as when a tribunal refuses to consider one kind of evidence until another kind (presumably better) is shown to be unavailable, or it may work absolutely, as when the tribunal refuses to consider anything but the better kind of