An elementary, middle, or high school established under state law, regulated by the local state authorities in the various political subdivisions, funded and maintained by public taxation, and open and free to all children of the particular district where the school is located. — Also termed common school. [Cases: Schools 11. C.J.S. Schools and School […]
preamble (pree-am-b[schwa]l), n. 1. An introductory statement in a constitution, statute, or other document explaining the document’s basis and objective; esp., a statutory recital of the inconveniences for which the statute is designed to provide a remedy. • A preamble often consists of a series of clauses introduced by the conjunction whereas. Such a preamble
An amendment submitted to the U.S. Patent and Trademark Office after the PTO has mailed notice of a patent application’s approval. • Once a notice of allowance has been mailed, prosecution of the application is closed on the merits, and the entry of any amendment is within the discretion of the patent examiner. Amendments after
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irretrievable breakdown of the marriage. Family law. A ground for divorce that is based on incompatibility between marriage partners and that is used in many states as the sole ground of no-fault divorce. — Also termed irretrievable breakdown; irremediable breakdown of the marriage; irremediable breakdown. Cf. IRRECONCILABLE DIFFERENCES; INCOMPATIBILITY. [Cases: Divorce 12. C.J.S. Divorce §§
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taking, n. 1. Criminal & tort law. The act of seizing an article, with or without removing it, but with an implicit transfer of possession or control. constructive taking. An act that does not equal an actual appropriation of an article but that does show an intention to convert it, as when a person entrusted
Jane Doe. A fictitious name for a female party to a legal proceeding, used because the party’s true identity is unknown or because her real name is being withheld. — Also termed Jane Roe; Mary Major. Cf. JOHN DOE. [Cases: Federal Civil Procedure 101; Parties 73.]
carriage and insurance paid to. A mercantile-contract term allocating the rights and duties of the buyer and the seller of goods with respect to delivery, payment, and risk of loss, whereby the seller must (1) clear the goods for export, (2) procure and pay for insurance against the buyer’s risk of damage while the goods
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public policy. 1. Broadly, principles and standards regarded by the legislature or by the courts as being of fundamental concern to the state and the whole of society. • Courts sometimes use the term to justify their decisions, as when declaring a contract void because it is “contrary to public policy.” — Also termed policy
amount in controversy. The damages claimed or relief demanded by the injured party in a lawsuit. • For a federal court to have diversity jurisdiction, the amount in controversy must exceed $75,000. 28 USCA § 1332(a). — Also termed jurisdictional amount; matter in controversy. See DIVERSITY OF CITIZENSHIP ; AGGREGATION DOCTRINE. [Cases: Courts 119, 167;
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cautio (kaw-shee-oh), n. [Latin “security”] Roman & civil law. 1. Security usu. given to ensure the performance of an obligation. See BAIL(1); BOND(2). 2. A surety. Pl. cautiones (kaw-shee-oh-neez). cautio fidejussoria (kaw-shee-oh fI-dee-y[schwa]-sor-ee-[schwa]). [Latin] Security given by a third party in a contract of fidejussio. See FIDEJUSSION. cautio judicatum solvi (kaw-shee-oh joo-di-kay-t[schwa]m sol-vI). [Latin] A