private servitude
A servitude vested in a particular person. • Examples include a landowner’s personal right-of-way over an adjoining piece of land or a right granted to one person to fish in another’s lake.
Search Results for: INCLUDE
distributable net income
The amount of distributions from estates and trusts that the beneficiaries will have to include in income. [Cases: Internal Revenue 3173, 4018. C.J.S. Internal Revenue §§ 66, 95, 439, 443–444, 452.]
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emotional distress
emotional distress. A highly unpleasant mental reaction (such as anguish, grief, fright, humiliation, or fury) that results from another person’s conduct; emotional pain and suffering. • Emotional distress, when severe enough, can form a basis for the recovery of tort damages. — Also termed emotional harm; mental anguish; mental distress; mental suffering. See INTENTIONAL INFLICTION
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international organization
international organization. Int’l law. 1. An intergovernmental association of countries, established by and operated according to multilateral treaty, whose purpose is to pursue the common aims of those countries. • Examples include the World Health Organization, the International Civil Aviation Organization, and the Organization of Petroleum Exporting Countries. [Cases: International Law 10.45. C.J.S. International Law
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canvass
canvass, vb. 1. To examine in detail; scrutinize (that issue has been repeatedly canvassed by our state’s courts). 2. To formally count ballots and report the returns (canvass the votes). “When all the ballots have been collected, including those of the presiding officer, the secretary, and the tellers, the ballots are canvassed by the tellers.
americans with disabilities act
Americans with Disabilities Act. A federal statute that prohibits discrimination — in employment, public services, and public accommodations — against any person with a disability (“a physical or mental impairment that substantially limits one or more of the major life activities”).42 USCA §§ 12101–12213. • Under the ADA, major life activities include any activity that
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bespeaks caution doctrine
bespeaks-caution doctrine. Securities. The principle that if soft information in a prospectus is accompanied by cautionary language that adequately warns investors that actual results or events may affect performance, then the soft information may not be materially misleading to investors. • Soft information includes forecasts, estimates, opinions, and projections about future performance. The doctrine was
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peremptory exception
A defensive pleading asserting that no legal remedy exists for the plaintiff’s alleged injury, that res judicata or prescription bars the claim, or that an indispensable party has not been included in the litigation. [Cases: Pleading 228.8.]
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battered woman syndrome
battered-woman syndrome. Family law. A constellation of medical and psychological conditions of a woman who has suffered physical, sexual, or emotional abuse at the hands of a spouse or lover. • Battered-woman syndrome was first described in the early 1970s by Dr. Lenore Walker. It consists of a three-stage cycle of violence: (1) the tension-building
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namely
namely, adv. By name or particular mention; that is to say (the plaintiff asserted two claims, namely wrongful termination and slander). • The term indicates what is to be included by name. By contrast, including implies a partial list and indicates that something is not listed. See INCLUDE.