words of procreation
words of procreation (proh-kree-ay-sh[schwa]n). Language in a deed essential to create an estate tail, such as an estate “to A and the heirs of his body.” [Cases: Deeds 127. C.J.S. Deeds § 247.]
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valuation
valuation, n. 1. The process of determining the value of a thing or entity. 2. The estimated worth of a thing or entity. — value, valuate, vb. assessed valuation. The value that a taxing authority gives to property and to which the tax rate is applied. [Cases: Taxation 348, 348. 1. C.J.S. Taxation §§ 510–511,
inevitable disclosure doctrine
inevitable-disclosure doctrine. Trade secrets. The legal theory that a key employee, once hired by a competitor, cannot avoid misappropriating the former employer’s trade secrets. • To justify an injunction, the plaintiff must prove that the former employee has confidential information and will not be able to avoid using that knowledge to unfairly compete against the
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bona fide occupational qualification
bona fide occupational qualification. An employment qualification that, although it may discriminate against a protected class (such as sex, religion, or national origin), relates to an essential job duty and is considered reasonably necessary to the operation of the particular business. • Such a qualification is not illegal under federal employment-discrimination laws. — Abbr. BFOQ.
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subsequent advance rule
subsequent-advance rule. Bankruptcy. The principle that a preferential transfer by the debtor will not be avoided or rescinded by the debtor’s bankruptcy trustee if (1) the creditor extended new value to the debtor after receiving the preferential transfer, (2) the new value is unsecured, and (3) the new value remains unpaid after its transfer. 11
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escheat
escheat n. 土地复归 在英格兰封建土地法中，指土地保有人因死亡时缺乏继承人或犯重罪而其土地复归给领主。在后一种情况下，保有人的土地就丧失了可继承性并转归领主所有，但国王有权对该土地享有一年零一天的收益权，后来国王的这种特权可以通过领主向王室交纳税金或提供服务来代替。但如果土地保有人犯有严重叛国罪，则其土地被国王直接没收〔forfeiture〕。领主所享有的因缺乏继承人而产生的土地复归权为1925年的法律所取消，实际上转化为了国王或兰开斯特公爵〔Duke of Lancaster〕、康沃尔公爵〔Duke of Cornwall〕对无主财产〔bona vacantia〕的权利；因犯重罪而产生的土地复归在1870年被取消。土地复归与财产没收〔forfeiture〕不同，前者源于土地保有，会影响到无遗嘱继承，实际上是基于传承的障碍；而后者是一种刑罚，国王只不过是依特权而将财产没收，在这种情况下，土地保有人的直接领主丧失土地复归权。在美国，土地所有人无遗嘱而且没有继承人时，土地归国家所有 。(→forfeiture)
structural alteration
A significant change to a building or other structure, essentially creating a different building or structure.
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webb–pomerene act
Webb–Pomerene Act. A federal law, originally enacted in 1918, that provides a qualified exemption for an export business against the prohibitions of the antitrust laws.15 USCA §§ 61 et seq. “The Webb–Pomerene Act was passed to aid and encourage our manufacturers and producers to extend our foreign trade. Congress believed that American firms needed the
application number
application number. Patents & trademarks. The eight-digit sequential number assigned by the U.S. Patent and Trademark Office to a patent or trademark application. • Applications are typically referred to by application number, which consists of a two-digit series code, a slash, and a six-digit serial number. References to patent applications also include the filing date
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alternative minimum tax
A tax, often a flat rate, potentially imposed on corporations and higher-income individuals to ensure that those taxpayers do not avoid too much (or all) income-tax liability by legitimately using exclusions, deductions, and credits. — Abbr. AMT. — Also termed minimum tax. [Cases: Internal Revenue 3550. C.J.S. Internal Revenue §§ 358–361.]
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