A written document in which an attorney provides his or her understanding of the law as applied to assumed facts. • The attorney may be a private attorney or attorney representing the state or other governmental entity. Private attorneys frequently render legal opinions on the ownership of real estate or minerals, insurance coverage, and corporate […]
bill of particulars. A formal, detailed statement of the claims or charges brought by a plaintiff or a prosecutor, usu. filed in response to the defendant’s request for a more specific complaint. • The bill of particulars has been abolished in federal civil actions and replaced by the motion for a more definite statement. See
bill of particulars Read More »
execute, vb. 1. To perform or complete (a contract or duty) (once the contract was fully executed, the parties owed no further contractual duties to each other). [Cases: Contracts 6. C.J.S. Contracts § 8.] 2. To change (as a legal interest) from one form to another (the shifting use was executed into a valid legal
Wands test. Patents. A judicial test of “undue experimentation” for determining whether a patent application’s specification teaches one skilled in the art how to make and work the claimed invention. In re Wands, 858 F.2d 731 (Fed. Cir. 1988). • The test takes account of eight factors: (1) how much experimentation would be needed, (2)
quasi-judicial, adj. Of, relating to, or involving an executive or administrative official’s adjudicative acts. • Quasi-judicial acts, which are valid if there is no abuse of discretion, often determine the fundamental rights of citizens. They are subject to review by courts. [Cases: Administrative Law and Procedure 108. C.J.S. Public Administrative Law and Procedure §§ 10–11.]
innocent passage. Int’l law. The right of a foreign ship to pass through a country’s territorial waters; the right of a foreign vessel to travel through a country’s maritime belt without paying a toll. • The right of innocent passage is guaranteed in Article 17 of the United Nations Convention on the Law of the
frank ferm. Hist. An estate in land held in socage, the nature of the fee having been changed from knight’s service by enfeoffment for certain yearly services. — Also spelled frank-ferme.
unity, n. 1. The fact or condition of being one in number; oneness. 2. At common law, a requirement for the creation of a joint tenancy. • The four unities are interest, possession, time, and title. See joint tenancy under TENANCY. [Cases: Joint Tenancy 1, 3. C.J.S. Estates § 19; Joint Tenancy§§ 2, 4, 6–15,
improvement. An addition to real property, whether permanent or not; esp., one that increases its value or utility or that enhances its appearance. — Also termed land improvement. Cf. FIXTURE. [Cases: Improvements 1. C.J.S. Improvements §§ 2, 4.] beneficial improvement. See valuable improvement. general improvement. An improvement whose primary purpose or effect is to benefit
commission n. (1)委员会 指正式被任命、授权从事某种公共性行为〔acts of public nature〕的机关，多指行政机关；在美国用于指诸如州际商业委员会〔Interstate Commerce Commission〕这类合议制行政机关。 (2)委任状；任职令政府、政府部门或法院授权某人或某些人从事特定行为或行使职权〔authority of an office〕的令状或证书。 (3)授权；委托 一人为他人进行商事交易所据的指示。 (4)佣金 给予销售代表，店员以及其他僱员额外收入(称为销售佣金)的一种支付方法，这种佣金高于正常的工资或薪水，以鼓励他们尽量推销商品。 (5)(商、险)手续费 对提供服务(通常在买卖货物方面)的代理商和其他商人的一种报酬，根据代理商完成或介绍的生意金额，并按双方同意的该金额的一定百分比计算。