Consideration that is valid under the law; consideration that either confers a pecuniarily measurable benefit on one party or imposes a pecuniarily measurable detriment on the other. — Also termed good and valuable consideration; legal consideration. [Cases: Contracts 49. C.J.S. Contracts § 87.]
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A procedure or legal process by which a third party, rather than the creditor, attaches a debtor’s property; GARNISHMENT. — Also termed trustee process; process by foreign attachment. [Cases: Garnishment 1.]
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merchant. One whose business is buying and selling goods for profit; esp. a person or entity that holds itself out as having expertise peculiar to the goods in which it deals and is therefore held by the law to a higher standard of expertise than that of a nonmerchant. • Because the term relates solely
A conditional or partial acceptance that varies the original terms of an offer and operates as a counteroffer; esp., in negotiable instruments (bills of exchange), an acceptor’s variation of the terms of the instrument. [Cases: Bills and Notes 83. C.J.S. Bills and Notes; Letters of Credit § 38.]
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1. Generally, a change from a customary or agreed-on course of action. 2.Employment lawA departure from one’s course of employment to tend to a personal matter. • A deviation from the course of employment may be an issue in disputes about workers’ compensation or about the employer’s tort liability to third parties based on the
protocol. 1. A summary of a document or treaty. 2. A treaty amending and supplementing another treaty. [Cases: Treaties 8. C.J.S. Treaties § 6.] 3. The formal record of the proceedings of a conference or congress. — Also termed procès-verbal. 4. The minutes of a meeting, usu. initialed by all participants after confirming accuracy. 5.
Eminent domain. Sales of like property in the same locality and time frame, admissible in a condemnation action to determine the marketable value of the particular property at issue. [Cases: Evidence 142. C.J.S. Evidence §§ 774–775, 780–781.]
An attempt, through broad discovery requests or random questions, to elicit information from another party in the hope that something relevant might be found; esp., such an attempt that exceeds the scope of discovery allowed by procedural rules. — Also termed fishing trip. [Cases: Federal Civil Procedure 1272; Pretrial Procedure 28.C.J.S. Discovery §§ 2, 6–7,
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The government of a particular locality, such as a city or county; a governing body at a lower level than the state government. • The term includes a school district, fire district, transportation authority, and any other special-purpose district or authority. — Also termed municipal government. [Cases: Municipal Corporations 6. C.J.S. Municipal Corporations § 12.]
initialia testimonii (i-nish-ee-ay-lee-[schwa] tes-t[schwa]-moh-nee-I). [Law Latin “initial parts of testimony”] Scots law. The preliminary examination of a witness in order to determine the witness’s competence to testify. Cf. IN INITIALIBUS.
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