Search Results for: TERM OF ART

fair trial

fair trial. A trial by an impartial and disinterested tribunal in accordance with regular procedures; esp., a criminal trial in which the defendant’s constitutional and legal rights are respected. — Also termed fair and impartial trial.

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question of law

question of law. 1. An issue to be decided by the judge, concerning the application or interpretation of the law (a jury cannot decide questions of law, which are reserved for the court). 2. A question that the law itself has authoritatively answered, so that the court may not answer it as a matter of

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annual report

annual report. A yearly corporate financial report for shareholders and other interested parties. • The Securities Exchange Act of 1934 requires registered corporations to file an annual report on the SEC’s Form 10-K. An annual report includes a balance sheet, income statement, statement of changes in financial position, reconciliation of changes in owners’ equity accounts,

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special benefit

Eminent domain. A benefit that accrues to the owner of the land in question and not to any others. • Any special benefits justify a reduction in the damages payable to the owner of land that is partially taken by the government during a public project. — Also termed peculiar benefit. [Cases: Eminent Domain 91.

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petitioner

petitioner. A party who presents a petition to a court or other official body, esp. when seeking relief on appeal. — Also termed (archaically) plaintiff in error. Cf. RESPONDENT(2). [Cases: Appeal and Error 321. C.J.S. Appeal and Error §§ 232–233.]

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maim

maim, n. Archaic. The type of injury required for the commission of mayhem; esp., serious injury to part of a person’s body that is necessary for fighting. — Also termed maihem; maihemium. See MAYHEM. [Cases: Mayhem 1. C.J.S. Mayhem §§ 2–6.] — maim, vb. “Maihem or maim is where by the wrongful act of another

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developing country

developing country. Int’l law. A country that is not as economically or politically advanced as the main industrial powers. • Developing countries are located mostly in Africa, Asia, Eastern Europe, the Middle East, and Latin and South America. — Also termed developing state; underdeveloped country; less-developed country; Third World country. “Pertinent terminology has undergone extensive

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idem sonans

idem sonans (I-dem soh-nanz), adj. [Latin] (Of words or names) sounding the same, regardless of spelling (the names Gene and Jean are idem sonans). • In trademark law, the term designates a name that sounds close enough to a registered trademark to create confusion among consumers and infringe that mark, so the Steinway company was

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meaning

meaning. The sense of anything, but esp. of words; that which is conveyed (or intended to be conveyed) by a written or oral statement or other communicative act. • The word ordinarily includes a mistaken but reasonable understanding of a communication. Cf. AMBIGUITY. objective meaning. The meaning that would be attributed to an unambiguous document

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claim of ownership

claim of ownership. 1. The possession of a piece of property with the intention of claiming it in hostility to the true owner. [Cases: Adverse Possession 68. C.J.S. Adverse Possession §§ 61–63, 65, 67–69.] 2. A party’s manifest intention to take over land, regardless of title or right. — Also termed claim of right; claim

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