reliance, n. Dependence or trust by a person, esp. when combined with action based on that dependence or trust. — rely, vb. detrimental reliance. Reliance by one party on the acts or representations of another, causing a worsening of the first party’s position. • Detrimental reliance may serve as a substitute for consideration and thus […]
determination, n. 1. A final decision by a court or administrative agency (the court’s determination of the issue). [Cases: Administrative Law and Procedure 489; Federal Civil Procedure 928. C.J.S. Public Administrative Law and Procedure §§ 147–148.] initial determination. The first determination made by the Social Security Administration of a person’s eligibility for benefits. [Cases: Social
conservator (k[schwa]n-s[schwa]r-v[schwa]-t[schwa]r orkon-s[schwa]r-vay-t[schwa]r), n. A guardian, protector, or preserver. • Conservator is the modern equivalent of the common-law guardian. Judicial appointment and supervision are still required, but a conservator has far more flexible authority than a guardian, including the same investment powers that a trustee enjoys. The Uniform Probate Code uses the term conservator, and
representee. One to whom a representation is made. “First, where the representor can show that he was not negligent, he will not be liable under the 1967 Act; and secondly, where the representee wants to claim damages at the contractual rate, for loss of his bargain, it may be that the Misrepresentation Act will not
ex dividend. Without dividend. • Shares are traded ex dividend when the seller, not the purchaser, is entitled to the next dividend payment because it will be made before the stock transfer is completed. The first day on which shares are traded ex dividend, the stock price will drop by an amount usu. approximating the
pornography, n. Material (such as writings, photographs, or movies) depicting sexual activity or erotic behavior in a way that is designed to arouse sexual excitement. • Pornography is protected speech under the First Amendment unless it is determined to be legally obscene. See OBSCENITY. [Cases: Obscenity 5. C.J.S. Obscenity §§ 5–13.] — pornographic, adj. child
A second mortgage issued when a lender assumes the payments on the borrower’s low-interest first mortgage (usu. issued through a different lender) and lends additional funds. • Such a mortgage covers both the outstanding balance of the first mortgage and the additional funds loaned.12 CFR § 226.17 cmt. 6. — Also termed extended first mortgage;
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abstraction-filtration-comparison test. Copyright. A judicially created test for determining whether substantial similarity exists between two works in an action for infringement. • In the first step, the court dissects the copy-righted work’s structure and isolates each level of abstraction or generality (abstraction test). In the second step, the court examines each level of abstraction and
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A guaranty that is conditioned on the creditor’s having first exhausted legal remedies against the principal debtor before suing the guarantor. See guarantor of collectibility under GUARANTOR.
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