recharacterization. A court’s determination that an insider’s loan to an entity in liquidation (such as a corporation or partnership) should be treated as a capital contribution, not as a loan, thereby entitling the insider to only part of the liquidation proceeds payable after all the business’s debts have been discharged. • Factors influencing this determination […]
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formality. 1. A small point of practice that, though seemingly unimportant, must usu. be observed to achieve a particular legal result. 2. Hist. (pl.) Robes worn by magistrates on solemn occasions. 3. Copyright. (usu. pl.) A procedural requirement formerly required before receiving U.S. copyright protection. • Formalities included (1) a copyright notice appearing on the
A preliminary appellate brief to be reviewed by the clerk of the court for compliance with applicable rules. • Proof briefs are required by local rules of the U.S. Court of Appeals for the Sixth Circuit. A proof brief in full compliance will be accepted and filed. If not in compliance, it will be returned
indebiti solutio (in-deb-i-tI s[schwa]-l[y]oo-shee-oh). [Latin] Roman & Scots law. Payment of what is not owed. • Money paid under the mistaken belief that it was owed could be recovered by condictio indebiti. See condictio indebiti under CONDICTIO. “Indebiti Solutio — When a person has paid in error what he was not bound to pay the
A process, with a warrant to arrest or attach included, that compels a person to appear in court as a witness. [Cases: Witnesses 2. C.J.S. Criminal Law §§ 469–485.]
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A certificate, investment contract, or other security providing for a series of periodic payments by the holder and representing an undivided interest in certain specified securities or in a unit or fund of securities purchased wholly or partly with the proceeds of those payments. • The term also includes any security whose issuer is also
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composition of matter. Patents. One of the five types of patentable statutory subject matter, consisting of com-binations of natural elements whether resulting from chemical union or from mechanical mixture, and whether the substances are gases, fluids, powders, or solids. • This classification includes chemical compounds such as drugs and fuels, physical products such as plastics
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Corpus Juris Civilis (kor-p[schwa]s joor-is s[schwa]-vil-is or s[schwa]-v I-lis). The body of the civil law, compiled and codified under the direction of the Roman emperor Justinian in A.D. 528–556. • The collection includes four works — the Institutes, the Digest (or Pandects), the Code, and the Novels. The title Corpus Juris Civilis was not original,
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Jencks material. Criminal procedure. A prosecution witness’s written or recorded pretrial statement that a criminal defendant, upon filing a motion after the witness has testified, is entitled to have in preparing to cross-examine the witness. • The defense may use a statement of this kind for impeachment purposes. Jencks v. United States, 353 U.S. 657,
stock certificate. An instrument evidencing ownership of shares of stock. — Also termed certificate of stock; share certificate. [Cases: Corporations 94. C.J.S. Corporations § 172.] face-amount certificate. 1. A certificate, investment contract, or other security representing an obligation by its issuer to pay a stated or determinable sum, at a fixed or determinable date or