Products liability arising when the buyer proves that the goods were unreasonably dangerous and that (1) the seller was in the business of selling goods, (2) the goods were defective when they were in the seller’s hands, (3) the defect caused the plaintiff’s injury, and (4) the product was expected to and did reach the […]
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A corporation formed to give a short-term venture the appearance of a long-term in-vestment in order to portray income as capital gain, rather than profit. • The corporation is typically formed for the sole purpose of purchasing property. The corporation is usu. dissolved before the property has generated sub-stantial income. The Internal Revenue Service treats
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visitation (viz-[schwa]-tay-sh[schwa]n). 1. Inspection; superintendence; direction; regulation. 2. Family law. A relative’s, esp. a noncustodial parent’s, period of access to a child. — Also termed parental access; access; parenting time; residential time. [Cases: Child Custody 175–231.] 3. The process of inquiring into and correcting corporate irregularities. [Cases: Corporations 394. C.J.S. Corporations § 582.] 4. VISIT.
A request to clarify or correct the form of an order or judgment that does not correctly state the court’s decision. • The motion cannot be used to request a substantial change to or amplification of the court’s decision.
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per incuriam (p[schwa]r in-kyoor-ee-[schwa]m), adj. (Of a judicial decision) wrongly decided, usu. because the judge or judges were ill-informed about the applicable law. “There is at least one exception to the rule of stare decisis. I refer to judgments rendered per incuriam. A judgment per incuriam is one which has been rendered inadvertently. Two examples
disposition (dis-p[schwa]-zish-[schwa]n), n. 1. The act of transferring something to another’s care or possession, esp. by deed or will; the relinquishing of property (a testamentary disposition of all the assets). testamentary disposition. A disposition to take effect upon the death of the person making it, who retains substantially entire control of the property until death.
transaction-or-occurrence test. A test used to determine whether, under Fed. R. Civ. P. 13(a), a particular claim is a compulsory counterclaim. • Four different tests have been suggested: (1) Are the legal and factual issues raised by the claim and counterclaim largely the same? (2) Would res judicata bar a later suit on the counterclaim
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Agency for Healthcare Research and Quality. An agency in the U.S. Department of Health and Human Services responsible for conducting research into improving the quality of healthcare, reducing its cost, and broadening access to essential healthcare services.
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civil investigative demand. 1. A request for information served by the U.S. Attorney General on any person who may have documents or information relevant to a civil antitrust investigation or to an investigation authorized by § 3 of the International Antitrust Enforcement Assistance Act (15 USCA § 6202). • A civil investigative demand can be
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Commercial law. The principle that a buyer may reject a seller’s goods if the quality, quantity, or delivery of the goods fails to conform precisely to the contract. • Although the perfect-tender rule was adopted by the UCC (§ 2-601), other Code provisions — such as the seller’s right to cure after rejection — have
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