growth management. Land-use planning. The regulation of a community’s rate of growth through ordinances that restrict the issuance of residential building permits. See ZONING. [Cases: Zoning and Planning 1, 86, 245. C.J.S. Zoning and Land Planning §§ 2, 5–7, 17–18, 101, 192.]
emptio (emp-shee-oh), n. [Latin “purchase”] Roman & civil law. The act of buying; a purchase. — Also spelled emtio. Pl. emptiones. emptio bonorum (b[schwa]-nor-[schwa]m). [Latin “purchase of goods”] A type of forced assignment for the benefit of creditors, involving a public sale of an insolvent debtor’s estate whereby the purchaser succeeded to all the debtor’s
single-registration rule. Copyright. The U.S. Copyright Office doctrine that permits only one registration for each original work. • Exceptions to the rule are routinely made for unpublished works that are later published. Generally, a revised work cannot be registered a second time if the revisions are not substantial, but the creator may be allowed to
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A controversy involving issues that are debated publicly and that have substantial ramifica-tions for persons other than those engaged in it. • A participant in a public controversy may be deemed a public figure for purposes of a defamation suit arising from the controversy. See PUBLIC FIGURE. [Cases: Libel and Slander 48(1). C.J.S. Libel and
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lawyer-witness rule. The principle that an attorney who will likely be called as a fact witness at trial may not participate as an advocate in the case, unless the testimony will be about an uncontested matter or the amount of attorney’s fees in the case, or if disqualifying the attorney would create a substantial hardship
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by-bidder. At an auction, a person employed by the seller to bid on property for the sole purpose of stimulating bidding by potential genuine buyers; SHILL(2). — Also termed puffer. [Cases: Auctions and Auctioneers 7. C.J.S. Auctions and Auctioneers §§ 2, 8–17.]
cloud on title. A defect or potential defect in the owner’s title to a piece of land arising from some claim or en-cumbrance, such as a lien, an easement, or a court order. See action to quiet title under ACTION(4). [Cases: Quieting Title 7. C.J.S. Quieting Title § 12.]
condominium (kon-d[schwa]-min-ee-[schwa]m). 1. Ownership in common with others. 2. A single real-estate unit in a multi-unit development in which a person has both separate ownership of a unit and a common interest, along with the development’s other owners, in the common areas. Pl. (for sense 2) condominiums. Cf. COOPERATIVE(2). [Cases: Condominium 1. C.J.S. Estates §§
Family law. In a child-custody matter, jurisdiction based on (1) the best interests of the child, (2) at least one parent’s (or litigant’s) significant connection to the state, and (3) the presence in the state of substantial evidence about the child’s present or future care, protection, training, and personal relationships. • This type of jurisdiction
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material, adj. 1. Of or relating to matter; physical (material goods). 2. Having some logical connection with the consequential facts (material evidence). [Cases: Evidence 143. C.J.S. Evidence §§ 197, 201–204.] 3. Of such a nature that knowledge of the item would affect a person’s decision-making; significant; essential (material alteration of the document). Cf. RELEVANT. [CASES: