he. A pronoun of the masculine gender, traditionally used and construed in statutes to include both sexes, as well as corporations. • It may also be read as they. Because of the trend toward nonsexist language, careful drafters avoid using the generic pronouns he, him, and his unless the reference is only to a male […]
sexual orientation. A person’s predisposition or inclination toward a particular type of sexual activity or behavior; heterosexuality, homosexuality, or bisexuality. • There has been a trend in recent years to make sexual orientation a protected class, esp. in employment and hate-crime statutes. [Cases: Civil Rights 1012, 1191. C.J.S. Civil Rights §§ 2, 6–7, 9–10, 19,
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pretrial conference. An informal meeting at which opposing attorneys confer, usu. with the judge, to work toward the disposition of the case by discussing matters of evidence and narrowing the issues that will be tried. See Fed. R. Civ. P. 16; Fed. R. Crim. P. 17. 1. • The conference takes place shortly before trial
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A judge’s bias toward one or more of the parties to a case over which the judge presides. • Judicial bias is usu. insufficient to justify disqualifying a judge from presiding over a case. To justify disqualification or recusal, the judge’s bias usu. must be personal or based on some extrajudicial reason. [Cases: Judges 49.
A pending case that is not proceeding toward resolution. • This may occur for several reasons, such as nonservice, want of prosecution, or (in a criminal case) the defendant’s having absconded.
partnership agreement. A contract defining the partners’ rights and duties toward one another — not the partners’ relationship with third parties. — Also termed articles of partnership. [Cases: Partnership 71. C.J.S. Partnership § 78.]
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ex fraude creditorum (eks fraw-dee kred-i-tor-[schwa]m). [Law Latin] Hist. On the ground of fraud toward creditors. • A preference could be set aside if it were made within 60 days of the bankruptcy filing.
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casus foederis (kay-s[schwa]s fed-[schwa]r-is). [Latin “the case of the treaty” or “the case of the agreement”] 1. Int’l law. A provocative act by one nation toward another, entitling the latter to call upon an ally to fulfill the terms of an alliance. 2. A clause within a treaty of alliance specifying such provocative acts. 3.
disregard, n. 1. The action of ignoring or treating without proper respect or consideration. 2. The state of being ignored or treated without proper respect or consideration. — disregard, vb. reckless disregard. 1. Conscious indifference to the consequences of an act. [Cases: Automobiles 175(1); Negligence 274. C.J.S. Motor Vehicles §§ 756–766; Negligence§§ 104–105, 109.] 2.
A foreclosure sale or other judicial sale conducted with fairness toward the rights and interests of the affected parties. [Cases: Judicial Sales 1; Mortgages 380. C.J.S. Judicial Sales §§ 2–5, 11; Mortgages §§ 490–491, 495, 690–691, 695, 697.]