certificate of conference. A section of a pleading or motion filed with the court, usu. contained separately on a page near the end of the document, whereby the party filing the pleading or motion certifies to the court that the parties have attempted to resolve the matter, but that a judicial determination is needed because […]
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color of apparent organization. The appearance of corporate authority, including the assumption and exercise of corporate functions in good faith, even though the corporation’s organizers did not fully or substantially comply with the terms of the corporate charter or the statutory requirements for incorporation. See de facto corporation under CORPORATION.
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trover (troh-v[schwa]r). A common-law action for the recovery of damages for the conversion of personal property, the damages generally being measured by the value of the property. — Also termed trover and conversion. Cf. DETINUE; REPLEVIN. [Cases: Trover and Conversion 1, 43. C.J.S. Trover and Conversion §§ 1–3, 5–7, 120–121.] “Trover may be maintained for
void, adj. 1. Of no legal effect; null. • The distinction between void and voidable is often of great practical importance. Whenever technical accuracy is required, void can be properly applied only to those provisions that are of no effect whatsoever — those that are an absolute nullity. — void, avoid, vb. — voidness, n.
Estoppel that prevents a party from contradicting previous declarations made during the same or an earlier proceeding if the change in position would adversely affect the proceeding or constitute a fraud on the court. — Also termed doctrine of preclusion of inconsistent positions; doctrine of the conclusiveness of the judgment. [Cases: Estoppel 68. C.J.S. Estoppel
premises (prem-[schwa]-siz). 1. Matters (usu. preliminary facts or statements) previously referred to in the same instrument (wherefore, premises considered, the plaintiff prays for the following relief). 2. The part of a deed that describes the land being conveyed, as well as naming the parties and identifying relevant facts or explaining the reasons for the deed.
replication (rep-l[schwa]-kay-sh[schwa]n). A plaintiff’s or complainant’s reply to a defendant’s plea or answer; REPLY(2). [Cases: Pleading 162. C.J.S. Pleading §§ 209, 219.] anticipatory replication. Equity pleading. In an original bill, the denial of defensive matters that the defendant might assert. • A defendant who relies on the anticipated defense must traverse the anticipatory matter in
A survey made by a governmental entity of tracts of land (as of townships and sections and quarter-sections of land). — Also termed (when conducted by the federal government) congressional survey. [Cases: Municipal Corporations 42; Public Lands 23–28. C.J.S. Public Lands §§ 30–35.]
An expense that is normal or usual and helpful or appropriate for the operation of a particular trade or business and that is paid or incurred during the taxable year. • Ordinary and necessary expenses are tax-deductible. — Also termed ordinary and necessary business expense. [Cases: Internal Revenue 3318. C.J.S. Internal Revenue §§ 150, 152,
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Graham factors. Patents. A three-part test for determining obviousness under § 103 of the Patent Act of 1952, looking at (1) the scope and content of the prior art, (2) the differences between the prior art and the patent claims, and (3) the level of ordinary skill in the pertinent art. Graham v. John Deere