assent, n. Agreement, approval, or permission; esp., verbal or nonverbal conduct reasonably interpreted as wil-lingness. See CONSENT. — assent, vb. “The requirement of ‘assent,’ which is fundamental to the formation of a binding contract, implies in a general way that both parties to an exchange shall have a reasonably clear conception of what they are […]
ten-percent bond. See BOND(2). 10-Q 10-Q. An unaudited financial report filed quarterly with the SEC by a registered corporation. • The 10-Q is less detailed than the 10-K. — Also termed Form 10-Q. [Cases: Securities Regulation 60.27(6). C.J.S. Securities Regulation § 176.]
Interpretation that departs from the literal words on the ground that there may be other, more satisfactory evidence of the author’s true intention. — Also termed rational interpretation.
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judgment roll. See judgment docket under DOCKET(1). “As the pleadings constitute part of the record, it is indispensable that they be filed. In some of the codes they must be filed at the institution of the action; in others, by or before the first day of the term; in others, at or before the trial.
bias, n. Inclination; prejudice; predilection (the juror’s bias prompted a challenge for cause). — bias, vb. — biased, adj. actual bias. Genuine prejudice that a judge, juror, witness, or other person has against some person or relevant subject. Cf. implied bias. implied bias. Prejudice that is inferred from the experiences or relationships of a judge,
Norris–La Guardia Act (nor-is l[schwa]-gwahr-dee-[schwa]). A 1932 federal law that forbids federal courts from ruling on labor policy and that severely limits their power to issue injunctions in labor disputes. • The statute was passed to curb federal-court abuses of the injunctive process, to declare the government’s neutrality on labor policy, to curtail employers’ widespread
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frustration, n. 1. The prevention or hindering of the attainment of a goal, such as contractual performance. commercial frustration. An excuse for a party’s nonperformance because of some unforeseeable and uncontrollable circumstance. — Also termed economic frustration. [Cases: Contracts 309(1). C.J.S. Contracts §§ 520–522, 524.] self-induced frustration. A breach of contract caused by one party’s
A narrative statement of facts that is stipulated to be correct by the parties and is submitted to a tribunal for a ruling. • When the narrative statement is filed on appeal instead of a report of the trial proceedings, it is called an agreed statement on appeal. — Also termed agreed case. [Cases: Appeal
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ipso facto clause. A contract clause that specifies the consequences of a party’s bankruptcy. — Also termed bankruptcy clause.
maritime flavor. The relation of a given case to shipping concerns. • This is a factor used in determining federal admiralty jurisdiction over a particular matter by analyzing whether the matter sufficiently relates to marine and shipping concerns and whether there is need for a federal response. [Cases: Admiralty 10(2), 17. C.J.S. Admiralty §§ 62–63.]