alternative-means doctrine. Criminal law. The principle that when a crime may be committed in more than one way, the jury must be unanimous on the defendant’s guilt but need not be unanimous on the possible different methods of committing the crime, as long as each possible method is supported by substantial evidence. [Cases: Criminal Law […]
alternative means doctrine Read More »
Uniform Fraudulent Conveyances Act. A model act adopted in 1918 to deal with issues arising from fraudulent conveyances by insolvent persons. • This act differentiated between conduct that was presumed fraudulent and conduct that required an actual intent to commit fraud. — Abbr. UFCA. [Cases: Fraudulent Conveyances 2.]
uniform fraudulent conveyances act Read More »
Discrimination based on gender, esp. against women. • The Supreme Court has established an intermediate-scrutiny standard of review for gender-based classifications, which must serve an important governmental interest and be substantially related to the achievement of that objective. Craig v. Boren, 429 U.S. 190, 97 S.Ct. 451 (1976). — Also termed gender discrimination. [Cases: Civil
sex discrimination Read More »
section 8(f) agreement. Labor law. A labor contract that is negotiated between an employer in the construction business and a union that cannot demonstrate that it represents a majority of the employees at the time the contract is executed. 29 USCA § 158(f). • This is an exception to the general rule that an employer
section 8(f) agreement Read More »
descriptio personae (di-skrip-shee-oh p[schwa]r-soh-nee). [Law Latin] Description of the person. • This phrase, typically used to identify or describe a person in a contract or deed, is not essential to a document’s validity. Cf. DESIGNATIO PERSONAE.
descriptio personae Read More »
immaterial, adj. (Of evidence) tending to prove some fact that is not properly at issue; lacking any logical connection with the consequential facts. Cf. IRRELEVANT. [Cases: Evidence 143. C.J.S. Evidence §§ 197, 201–204.] — immateriality, n. “The rules of substantive law and of pleading are what determine immateriality; and if the probandum is immaterial, of
continuity-of-enterprise doctrine. See SUBSTANTIAL-CONTINUITY DOCTRINE.
continuity of enterprise doctrine Read More »
An unfunded pension plan that is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of managers or highly paid employees. • Top-hat plans are generally not subject to the broad remedial provisions of ERISA because Congress recognized that certain individuals, by virtue of position or compensation level,
top hat pension plan Read More »
killer bees 〈美〉(俚)杀人蜂 1979年5月，在州举行的总统预选〔Presidential Primary〕中为阻止一项有利于州保守的民主党的议案获得通过，增加共和党总统候选人约翰·B.康纳利〔John B. Connally〕的当选机会，得克萨斯州〔Texas State〕12名参议员逃离该州，使其立法机构达不到法定人数，因其离开时佩有蜂形胸针而得名。