embracery (im-brays-[schwa]-ree), n. The attempt to corrupt or wrongfully influence a judge or juror, esp. by threats or bribery. — Also spelled imbracery. — Also termed jury-tampering; laboring a jury. Cf. JURY-FIXING; JURY-PACKING. [Cases: Criminal Law 45.35.] “The word ‘embracery’ … has tended to disappear. It is included in some of the codes but the […]
declaration of rights. 1. An action in which a litigant requests a court’s assistance not because any rights have been violated but because those rights are uncertain. • Examples include suits for a declaration of legitimacy, for declaration of nullity of marriage, and for the authoritative interpretation of a will. 2. DECLARATORY JUDGMENT. — Often
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An open-source license that prohibits the sale of modified software unless it is included in a package with other software.
point, n. 1. A pertinent and distinct legal proposition, issue, or argument ( point of error). 2. Parliamentary law. Any of several kinds of requests made in a deliberative body. See REQUEST. point of clarification. A question about procedure or substance. point of information. An inquiry asking a question about a motion’s merits or effect.
generally accepted accounting principles. The conventions, rules, and procedures that define approved ac-counting practices at a particular time. • These principles are issued by the Financial Accounting Standards Board for use by accountants in preparing financial statements. The principles include not only broad guidelines of general application but also detailed practices and procedures. — Abbr.
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manufacturer. A person or entity engaged in producing or assembling new products. • A federal law has broadened the definition to include those who act for (or are controlled by) any such person or entity in the distribution of new products, as well as those who import new products for resale. 42 USCA § 4902(6).
holder for value. A person who has given value in exchange for a negotiable instrument. • Under the UCC, examples of “giving value” include acquiring a security interest in the instrument and accepting the instrument in payment of an antecedent claim. UCC § 3-303(a). — Also termed bona fide holder for value. [Cases: Bills and
A survey that includes within the described boundaries land that is owned or claimed by others and excluded from the survey’s computed area.
Shively presumption (shIv-lee). The doctrine that any prestatehood grant of public property does not include tidelands unless the grant specifically indicates otherwise. Shively v. Bowlby, 152 U.S. 1, 14 S.Ct. 548 (1894); United States v. Holt State Bank, 270 U.S. 49, 46 S.Ct. 197 (1926). See EQUAL-FOOTING DOCTRINE. [Cases: Navigable Waters 36(1). C.J.S. Navigable Waters
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Article I court. 1. See legislative court under COURT. 2. A type of federal legislative court that is not bound by the requirements of or protected under U.S. Const. art. III, § 2, and that performs functions similar to those of an administrative agency, such as issuing advisory opinions. U.S. Const. art. I, § 8.