introductory clause
introductory clause. The first paragraph of a contract, which typically begins with words such as “This Agreement is made on [date] between [parties’ names].” — Also termed commencement; exordium.
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Search Results for: TERM OF ART
adverse inference
A detrimental conclusion drawn by the fact-finder from a party’s failure to produce evidence that is within the party’s control. • Some courts allow the inference only if the party’s failure is attributable to bad faith. — Also termed adverse presumption. Cf. SPOLIATION(1).
hydraflow test
Hydraflow test. A principle for deciding when an inadvertent disclosure of a privileged document is a waiver of the attorney–client privilege, whereby the court considers the reasonableness of the precautions taken to prevent the inadvertent disclosure, the number of disclosures involved, the extent of the disclosure, the promptness of any efforts to remedy the disclosure,
positive law
A system of law promulgated and implemented within a particular political community by political superiors, as distinct from moral law or law existing in an ideal community or in some nonpolitical community. • Positive law typically consists of enacted law — the codes, statutes, and regulations that are applied and enforced in the courts. The
feast
feast, n. 1. Roman law. An established holiday or festival in the ecclesiastical calendar, used as a date in a legal instrument. 2. Hist. One of four principal days (feasts) of the year: March 25, the annunciation of the Virgin Mary; June 24, the birth of John the Baptist; September 28, the feast of St.
import–export clause
Import–Export Clause. U.S. Const. art. I, § 10, cl. 2, which prohibits states from taxing imports or exports. • The Supreme Court has liberally interpreted this clause, allowing states to tax imports as long as the tax does not discriminate in favor of domestic goods. — Also termed Export Clause. [Cases: Customs Duties 1–2. C.J.S.
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liquidated debt
A debt whose amount has been determined by agreement of the parties or by operation of law.
contractus bonae fidei vel stricti juris
contractus bonae fidei, vel stricti juris (k[schwa]n-trak-t[schwa]s boh-nee fI-dee-I, vel strik-tIjoor-is). [Latin] Roman law. Contracts of good faith or of strict law; a contract requiring that the parties perform their duties in good faith. • In an action brought on a contractus bonae fidei, the plaintiff had to assert that he had not acted in
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international law
The legal system governing the relationships between nations; more modernly, the law of international relations, embracing not only nations but also such participants as international organizations and individuals (such as those who invoke their human rights or commit war crimes). — Also termed public international law; law of nations; law of nature and nations; jus
connecting factor
connecting factor. Conflict of laws. A factual or legal circumstance that helps determine the choice of law by linking an action or individual with a state or jurisdiction. • An example of a connecting factor is a party’s domicile within a state. See POINT OF ATTACHMENT. [Cases: Action 17. C.J.S. Actions §§ 18–20; Conflict of