negotiable instrument. A written instrument that (1) is signed by the maker or drawer, (2) includes an unconditional promise or order to pay a specified sum of money, (3) is payable on demand or at a definite time, and (4) is payable to order or to bearer. UCC § 3-104(a). — Also termed negotiable paper; […]
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A communication that is protected by law from compelled disclosure in a legal pro-ceeding, or that cannot be used against the person who made it. • Examples include an informant’s communication to a government agency and statements made in a legislative session by a legislator. See PRIVILEGE(3). [Cases: Witnesses 84–223. C.J.S. Witnesses §§ 297–389.]
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A crime against another’s personal property. • The common-law offenses against property were larceny, embezzlement, cheating, cheating by false pretenses, robbery, receiving stolen goods, malicious mischief, forgery, and uttering forged instruments. Although the term crimes against property, a common term in modern usage, includes crimes against real property, the term offense against property is traditionally
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deadhand control. The convergence of various legal doctrines that allow a decedent’s control of wealth to influence the conduct of a living beneficiary; esp., the use of executory interests that vest at some indefinite and remote time in the future to restrict alienability and to ensure that property remains in the hands of a particular
A contract that is declared by a court and entered into the court’s record. • Contracts of record include judgments, recognizances, and (in England) statutes staple.
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collateral consequence. A penalty for committing a crime, in addition to the penalties included in the criminal sentence. • An example is the loss of a professional license. When a collateral consequence exists, a defendant’s appeal of a conviction does not become moot when the criminal sentence is completed.
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Material that includes a computer-generated image that appears to be a minor engaged in sexual activity but that in reality does not involve a person under the age of 18.
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liquidation, n. 1. The act of determining by agreement or by litigation the exact amount of something (as a debt or damages) that before was uncertain. 2. The act of settling a debt by payment or other satisfaction. 3. The act or process of converting assets into cash, esp. to settle debts. one-month liquidation. A
A ground for annulment recognized by canon law and developed by the ecclesiastical courts of the Roman Catholic Church. • Canonical impediments include affinity, impotence, disparity of worship, and previous religious profession.
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certificate of service. A section of a pleading or motion filed with the court, usu. contained separately on the last page, in which the filing party certifies to the court that a copy has been mailed to or otherwise served on all other parties. • A certificate of service is usu. not included with the
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