substantial-performance doctrine. The rule that if a good-faith attempt to perform does not precisely meet the terms of an agreement or statutory requirements, the performance will still be considered complete if the essential purpose is accomplished, subject to a claim for damages for the shortfall. • Under the Uniform Probate Code, a will that is […]
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A business partnership in which the partners are related. IRC (26 USCA) § 704(e). See FAMILY-PARTNERSHIP RULES.
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morality. 1. Conformity with recognized rules of correct conduct. 2. The character of being virtuous, esp. in sexual matters. “[T]he terms ‘morality’ and ‘immorality’ … are understood to have a sexual connotation. In fact, the terms ‘ethics’ and ‘morals’ are no longer interchangeable in everyday speech. A governmental official arraigned on a ‘morals charge’ will
A court that (1) has jurisdiction in equity, (2) administers and decides controversies in accordance with the rules, principles, and precedents of equity, and (3) follows the forms and procedures of chancery. Cf. court of law. [Cases: Courts 42(7).]
Clearfield Trust doctrine. The doctrine describing the federal courts’ power to make federal common law when there is both federal lawmaking power to do so and a strong federal interest in a nationally uniform rule. Clearfield Trust Co. v. United States, 318 U.S. 363, 63 S.Ct. 573 (1943). Cf. ERIE DOCTRINE . [Cases: Federal Courts
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decertify, vb. 1. To revoke the certification of. 2. To remove the official status of (a labor union) by withdrawing the right to act as a collective-bargaining agent. [Cases: Labor Relations 216. C.J.S. Labor Relations §§ 191–192, 210.] 3. (Of a court) to overrule a previous order that created a class for purposes of a
deliberate elicitation. Criminal procedure. The purposeful yet covert drawing forth of an incriminating response (usu. not during a formal interrogation) from a suspect whose Sixth Amendment right to counsel has attached but who has not waived that right. • Deliberate elicitation may occur, for example, when a police officer engages an arrested suspect in conversation
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fact-finding. 1. The process of taking evidence to determine the truth about a disputed point of fact. 2. Int’l law. The gathering of information for purposes of international relations, including the peaceful settlement of disputes and the supervision of international agreements. • Examples of fact-finding include legislative tours and the acquisition of information required for
lex praetoria (leks pri- or pree-tor-ee-[schwa]). [Latin “praetorian law”] 1. Roman law. Law laid down in the praetor’s edict. Cf. JUS PRAETORIUM. 2. Hist. The applicable rules in a court of equity.
submission, n. 1. A yielding to the authority or will of another (his resistance ended in an about-face: complete submission). 2. A contract in which the parties agree to refer their dispute to a third party for resolution (in their submission to arbitration, they referred to the rules of the American Arbitration Association). [Cases: Arbitration