bad-man theory. The jurisprudential doctrine or belief that a bad person’s view of the law represents the best test of what the law actually is because that person will carefully calculate precisely what the rules allow and operate up to the rules’ limits. • This theory was first espoused by Oliver Wendell Holmes in his […]
statement of facts. A party’s written presentation of the facts leading up to or surrounding a legal dispute, usu. recited toward the beginning of a brief. “The statement of facts is another of those critical parts of the brief …. Two principles are at war in drafting the statement of facts. First, judges want and
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A partnership formed by persons who agree to contribute all their individually owned property — and to devote all their skill, labor, and services — to the partnership. [Cases: Partnership 22. C.J.S. Partnership § 9.]
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A contract to perform a service; esp., a written agreement to provide maintenance or repairs on a consumer product for a specified term. [Cases: Contracts 190; Sales 3.1. C.J.S. Contracts § 341; Sales §§ 3–4.]
continuous service 持续服务；连续服务 依集体谈判劳动合同〔collective bargaining agreement〕，这是假日付酬的条件。连续服务是指不存在几天故意停止工作的事实，但不排除因个人原因导致的工作中断。个人原因系指依正常理性人〔reasonable men〕判断在当时情形下是可以原谅的。
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tend, vb. 1. To be disposed toward (something). 2. To serve, contribute, or conduce in some degree or way; to have a more or less direct bearing or effect. 3. To be directed or have a tendency to (an end, object, or purpose).
stet processus (stet pr[schwa]-ses-[schwa]s), n. [Law Latin “let the process stand”] Hist. 1. A record entry, similar to a nolle prosequi, by which the parties agree to stay further proceedings. 2. The agreement between the parties to stay those proceedings. • This was typically used by a plaintiff to suspend an action rather than suffer
transcript of proceedings. A compilation of all documents relating to a bond issue, typically including the notices, affidavits of notices, a bond resolution (or bond ordinance), official statement, trust indenture and loan agreements, and minutes of meetings of all authorizing bodies.
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A condition contained in an essential contractual term that, though omitted by the parties from their agreement, a court has supplied as being reasonable in the circumstances; a condition imposed by law to do justice. • The cooperation of the parties to a contract, for example, is a constructive condition. — Also termed implied-in-law condition;
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competition. The struggle for commercial advantage; the effort or action of two or more commercial interests to obtain the same business from third parties. fair competition. Open, equitable, and just competition between business competitors. horizontal competition. Competition between a seller and its competitors. • The Sherman Act prohibits unrea-sonable restraints on horizontal competition, such as