A job in which the essential terms and conditions of the employee’s work are controlled by two or more entities, as when a company hires a contractor to perform a task and retains control over the contractor’s employees in matters such as hiring, firing, discipline, conditions of employment, promulgation of work rules, assignment of day-to-day […]
chain of custody. 1. The movement and location of real evidence, and the history of those persons who had it in their custody, from the time it is obtained to the time it is presented in court. [Cases: Criminal Law 404.30; Evidence 188. C.J.S. Criminal Law § 846; Evidence §§ 789–791, 794, 796.] “Chain of
coming-to-rest doctrine. Insurance. The principle that coverage of shipped goods ends when the goods are un-loaded and any cables or other links to the transporting vehicle have been disconnected. • The coming-to-rest doctrine covers only the movement of goods from the shipping vehicle to a place of rest outside the vehicle, in contrast to the
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motion to compel discovery. A party’s request that the court force the party’s opponent to respond to the party’s discovery request (as to answer interrogatories or produce documents).Fed. R. Civ. P. 37(a). — Often shortened to motion to compel. — Also termed motion to enforce discovery. [Cases: Federal Civil Procedure 1278; Pretrial Procedure 44, 310,
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well-completion clause. Oil & gas. A provision in an oil-and-gas lease specifying that a lessee who starts drilling before the lease terminates has the right to complete the well and to maintain the lease if the drilling achieves production. See OPERATIONS CLAUSE.
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jus necessitatis (j[schwa]s n[schwa]-ses-i-tay-tis), n. [Latin] A person’s right to do what is required for which no threat of legal punishment is a dissuasion. • This idea implicates the proverb that necessity knows no law (necessitas non habet legem), so that an act that would be objectively understood as necessary is not wrongful even if
Dumping Act. A federal antidumping law requiring the Secretary of the Treasury to notify the U.S. International Trade Commission (USITC) whenever the Secretary determines that goods are likely to be sold abroad at less than their fair value, so that the USITC can take appropriate action. 19 USCA § 1673. [Cases: Customs Duties 21. 5.
dirt-for-debt transfer. A transaction in which a bankrupt debtor satisfies all or part of a secured debt by transferring the collateral to the creditor. [Cases: Bankruptcy 3564. C.J.S. Bankruptcy § 397.]
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per capita (p[schwa]r kap-i-t[schwa]), adj. [Latin “by the head”] 1. Divided equally among all individuals, usu. in the same class (the court will distribute the property to the descendants on a per capita basis). Cf. PER STIRPES . [Cases: Descent and Distribution 43; Wills 530. C.J.S. Descent and Distribution §§ 27–28; Wills §§ 1015–1016.] “Per
justiciable (j[schwa]-stish-ee-[schwa]-b[schwa]l or j[schwa]s-tish-[ schwa]-b[schwa]l), adj. (Of a case or dispute) properly brought before a court of justice; capable of being disposed of judicially (a justiciable controversy). [Cases: Action 6; Federal Courts 12. 1. C.J.S. Actions §§ 38–45.]