garnish, n. Hist. Money exacted from a new prisoner by other prisoners or as a jailer’s fee. • This practice was banned in England in 1815. garnish, vb. [Old French garnir “to warn”; “to prepare”] 1. Hist. To serve an heir with notice (i.e., to warn) of certain debts that must be paid before the […]
praefectus urbi (pri-fek-t[schwa]s [schwa]r-bI). [Latin “prefect of the city”] Roman law. A senator charged with keeping law and order in the city of Rome. • This duty originated in the early Empire. The praefectus had both criminal and civil jurisdiction; the latter was gradually taken over from the praetor, although the praefectus’s civil jurisdiction was
Fraud occurring when a misrepresentation leads another to enter into a transaction with a false impression of the risks, duties, or obligations involved; an intentional misrepresentation of a material risk or duty reasonably relied on, thereby injuring the other party without vitiating the contract itself, esp. about a fact relating to value. — Also termed
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conformity hearing. 1. A court-ordered hearing to determine whether the judgment or decree prepared by the prevailing party conforms to the decision of the court. 2. A hearing before a federal agency or department to determine whether a state-submitted plan complies with the requirements of federal law. • This type of hearing is common in
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chattel paper. A writing that shows both a monetary obligation and a security interest in or a lease of specific goods. UCC § 9-102(a)(11). • Chattel paper is generally used in a consumer transaction when the consumer buys goods on credit. The consumer typically promises to pay for the goods by executing a promissory note,
umpire. An impartial person appointed to make an award or a final decision, usu. when a matter has been submitted to arbitrators who have failed to agree. • An arbitral submission may provide for the appointment of an umpire. — Also termed (in Scots law) oversman. [Cases: Arbitration 36. C.J.S. Arbitration §§ 59, 61–62.]
Louisiana law. A break in the running of prescription that occurs when the property’s possessor acknowledges another person’s ownership rights, or the owner (or obligor) sues the possessor (or obligor).La. Civ. Code arts. 3462, 3464. — Also termed legal interruption of prescription.
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all-the-estate clause. English law. The provision in a conveyance transferring “all the estate, right, title, interest, claims, and demand” of the grantor in the property conveyed. — Also termed all-estate clause. “It was also usual before 1882 to add what was called an ‘all estate clause’ with the object of ensuring that the entire interest
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cash flow. 1. The movement of cash through a business, as a measure of profitability or liquidity. 2. The cash generated from a business or transaction. 3. Cash receipts minus cash disbursements for a given period. — Sometimes written cashflow. cash flow per common share. The cash flow from operations minus preferred stock dividends, divided
impediment (im-ped-[schwa]-m[schwa]nt). A hindrance or obstruction; esp., some fact (such as legal minority) that bars a marriage if known beforehand and, if discovered after the ceremony, renders the marriage void or voidable. canonical impediment. A ground for annulment recognized by canon law and developed by the ecclesiastical courts of the Roman Catholic Church. • Canonical