time. 1. A measure of duration. 2. A point in or period of duration at or during which something is alleged to have occurred. 3. Slang. A convicted criminal’s period of incarceration. dead time. Time that does not count for a particular purpose, such as time not included in calculating an employee’s wages or time […]
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.
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A meeting that is not a regular meeting; a meeting called for a particular purpose, usu. between regular meetings. — Also termed called meeting. Cf. regular meeting. [Cases: Corporations 194, 298(3). C.J.S. Corporations §§ 364–367, 464.]
A condition contained in an essential contractual term that, though omitted by the parties from their agreement, a court has supplied as being reasonable in the circumstances; a condition imposed by law to do justice. • The cooperation of the parties to a contract, for example, is a constructive condition. — Also termed implied-in-law condition;
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competition. The struggle for commercial advantage; the effort or action of two or more commercial interests to obtain the same business from third parties. fair competition. Open, equitable, and just competition between business competitors. horizontal competition. Competition between a seller and its competitors. • The Sherman Act prohibits unrea-sonable restraints on horizontal competition, such as
interdiction. 1. The act of forbidding or restraining. interdiction of commercial intercourse. Int’l law. A governmental prohibition of commercial trade. 2. The interception and seizure of something, esp. contraband. 3. Civil law. The act of depriving a person of the right to handle his or her own affairs because of mental incapacity. See EX CAPITE
Chapter 7. 1. The chapter of the United States Bankruptcy Code allowing a trustee to collect and liquidate a debtor’s nonexempt property, either voluntarily or by court order, to satisfy creditors. [Cases: Bankruptcy 2251. C.J.S. Bankruptcy § 50.] 2. A bankruptcy case filed under this chapter. • An individual debtor who undergoes this type of
Serious physical impairment of the human body; esp., bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement or protracted loss or impairment of the function of any body part or organ. Model Penal Code § 210.0(3). • Typically, the fact-finder must decide in any given case whether the injury
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Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit; specif., damages assessed by way of penalizing the wrongdoer or making an example to others. • Punitive damages, which are intended to punish and thereby deter blameworthy conduct, are generally not recoverable for breach of contract. The Supreme Court
extraterritorial, adj. Beyond the geographic limits of a particular jurisdiction. — Also termed exterritorial. [Cases: Courts 29. C.J.S. Courts §§ 67, 70.]