factor, n. 1. An agent or cause that contributes to a particular result ( punishment was a factor in the court’s decision). 2. An agent who is employed to sell property for the principal and who possesses or controls the property; a person who receives and sells goods for a commission (a factor was employed […]
device. 1. Patents. A mechanical invention, as differentiated in patent law from a chemical discovery. • A device may be an apparatus or an article of manufacture. — Also termed machine. [Cases: Patents 11. C.J.S. Patents §§ 20, 25.] 2. A scheme to trick or deceive; a stratagem or artifice, as in the law relating
summary of the argument. The part of a brief, esp. an appellate brief, in which the advocate condenses the argument to a précis or synopsis, directing the court to the heart of the argument on each point. • A summary typically runs from one to four pages. — Also termed summary of argument. “A summary
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monument, n. 1. A written document or record, esp. a legal one. 2. Any natural or artificial object that is fixed permanently in land and referred to in a legal description of the land. [Cases: Boundaries 4, 5. C.J.S. Boundaries §§ 3, 5–7.] — monumental, adj. mural monument. A monument set into or otherwise made
juridical link. A legal relationship between members of a group, such as those in a potential class action, sufficient to make a single suit more efficient or effective than multiple suits. — Also termed juridical relationship. [Cases: Federal Civil Procedure 164; Parties 35.13. C.J.S. Parties §§ 31, 34.]
comparative law. The scholarly study of the similarities and differences between the legal systems of different jurisdictions, such as between civil-law and common-law countries. — Also termed comparative jurisprudence. See INTERNATIONAL LAW. “What is known as comparative jurisprudence — namely, the study of the resemblances and differences between different legal systems — is not a
executed, adj. 1. (Of a document) that has been signed (an executed will). 2. That has been done, given, or performed (executed consideration). “[T]he term ‘executed’ is a slippery word. Its use is to be avoided except when accompanied by explanation…. A contract is frequently said to be executed when the document has been signed,
clausa rebus sic stantibus (klawz-[schwa] ree-b[schwa]s sik stan-t[ schwa]-b[schwa]s). [Law Latin] Int’l law. 1. A treaty provision stating that the treaty is binding only as long as the circumstances in existence when the treaty was signed remain substantially the same. 2. A doctrine by which the law supplies such a provision to a treaty that
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reus stipulandi (ree-[schwa]s stip-y[schwa]-lan-dI). [Latin “party stipulating”] Roman law. The questioner in a Roman-law stipulation. — Also termed stipulator. See STIPULATION(3).
ad factum praestandum (ad fak-t[schwa]m pree-stan-d[schwa]m). [Law Latin “for the performance of a particular act”] Scots law. An obligation to perform an act other than paying money; an obligation that must be strictly fulfilled (such as to hand over a vase sold). “In popular language almost all obligations may be said to be of this
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