redaction (ri-dak-sh[schwa]n), n. 1. The careful editing of a document, esp. to remove confidential references or offensive material. [Cases: Criminal Law 663; Federal Civil Procedure 2011; Trial 39. C.J.S. Criminal Law §§ 1210–1211; Trial§§ 148–153.] 2. A revised or edited document. — redactional, adj. — redact, vb.
Supreme Court of the United States. The court of last resort in the federal system, whose members are appointed by the President and approved by the Senate. • The Court was established in 1789 by Article III of the U.S. Constitution, which vests the Court with the “judicial power of the United States.” — Often
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A complaint that modifies and replaces the original complaint by adding relevant matters that occurred before or at the time the action began. Fed. R. Civ. P. 15(d). • In some circumstances, a party must obtain the court’s permission to amend its complaint. Fed. R. Civ. P. 15(a). — Also termed substituted complaint. Cf. supplemental
self-help, n. An attempt to redress a perceived wrong by one’s own action rather than through the normal legal process. • The UCC and other statutes provide for particular self-help remedies (such as repossession) if the remedy can be executed without breaching the peace. UCC § 9-609. — Also termed self-redress; extrajudicial enforcement. [Cases: Secured
commonwealth. 1. A nation, state, or other political unit (the Commonwealth of Pennsylvania). [Cases: States 1. C.J.S. States §§ 2, 16.] 2. A political unit that has local autonomy but is voluntarily united with the United States (Puerto Rico and the Northern Mariana Islands are commonwealths). Cf. DEPENDENCY(1); INSULAR AREA; TERRITORY(2). 3. A loose association
Thayer presumption. A presumption that allows the party against whom the presumption operates to come forward with evidence to rebut the presumption, but that does not shift the burden of proof to that party. See James B. Thayer, A Preliminary Treatise on Evidence 31–44 (1898). • Most presumptions that arise in civil trials in federal
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related proceeding. Bankruptcy. A proceeding that involves a claim that will affect the administration of the debtor’s estate (such as a tort action between the debtor and a third party), but that does not arise under bankruptcy law and could be adjudicated in a state court. • A related proceeding must be adjudicated in federal
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A charitable organization that is funded by a single source, derives its income from investments rather than contributions, and makes grants to other charitable organizations. • A private foundation is generally exempt from taxation. IRC (26 USCA) § 509. — Also termed private nonoperating foundation.
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Biotechnology Patent Process Protection Act. Patents. A 1995 federal statute that made biotechnological processes per se patentable if either the process or the resulting material is novel and nonobvious. 35 USCA § 103(b). — Also termed Biotechnology Act.
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unwritten law. Law that, although never enacted in the form of a statute or ordinance, has the sanction of custom. • The term traditionally includes caselaw. — Also termed jus non scriptum; jus ex non scripto; lex non scripta; jus moribus constitutum. “[T]he very words of the court promulgating the opinion and making the decision