A promise that appears on its face to be so insubstantial as to impose no obligation on the promisor; an expression cloaked in promissory terms but actually containing no commitment by the promisor. • An illusory promise typically, by its terms, makes performance optional with the promisor. For example, if a guarantor promises to make […]
Zoning. The use of a structure or of the land in conformity with the uses permitted under the zoning classifications of a particular area, such as the building of a single-family dwelling in a residential zone. [Cases: Zoning and Planning 271. C.J.S. Zoning and Land Planning § 122.]
core proceeding. Bankruptcy. 1. A proceeding involving claims that substantially affect the debtor-creditor rela-tionship, such as an action to recover a preferential transfer. • In such a proceeding, the bankruptcy court, as opposed to the district court, conducts the trial or hearing and enters a final judgment. Cf. RELATED PRO-CEEDING. 2. In federal courts, an
nondisclosure agreement. Trade secrets. A contract or contractual provision containing a person’s promise not to disclose any information shared by or discovered from a trade-secret holder, including all information about trade secrets, procedures, or other internal matters. • Employees and some nonemployees, such as beta-testers and contractors, are frequently required to sign nondisclosure agreements. —
nondisclosure agreement Read More »
Deprizio doctrine. Bankruptcy. The rule that a debtor’s payment to an outside creditor more than 90 days before a bankruptcy filing is voidable as a preferential transfer if it benefits an inside creditor. Levit v. Ingersoll Rand Fin. Corp. (In re V.N. Deprizio Constr. Co.), 874 F.2d 1186 (7th Cir. 1989). [Cases: Bankruptcy 2608(2). C.J.S.
indispensable-element test. Criminal law. A common-law test for the crime of attempt, based on whether the defendant acquires control over any thing that is essential to the crime. • Under this test, for example, a person commits a crime by buying the explosives with which to detonate a bomb. See ATTEMPT (2). [Cases: Criminal Law
indispensable element test Read More »
Americans with Disabilities Act. A federal statute that prohibits discrimination — in employment, public services, and public accommodations — against any person with a disability (“a physical or mental impairment that substantially limits one or more of the major life activities”).42 USCA §§ 12101–12213. • Under the ADA, major life activities include any activity that
americans with disabilities act Read More »
contingent fee. A fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court. • Contingent fees are usu. calculated as a percentage of the client’s net recovery (such as 25% of the recovery if the case is settled, and 33% if the case is won at
informant. One who informs against another; esp., one who confidentially supplies information to the police about a crime, sometimes in exchange for a reward or special treatment. — Also termed informer; feigned accomplice. citizen-informant. A witness who, without expecting payment and with the public good in mind, comes forward and volunteers information to the police
A fact that is significant or essential to the issue or matter at hand. [Cases: Evidence 143; Federal Civil Procedure 2470.1; Judgment 181(2). C.J.S. Evidence §§ 197, 201–204.]