The executive’s power to veto some provisions in a legislative bill without affecting other provisions. • The U.S. Supreme Court declared the presidential line-item veto unconstitutional in 1998. See Clinton v. City of New York, 524 U.S. 417, 118 S.Ct. 2091 (1998). — Also termed item veto. [Cases: Statutes 33. C.J.S. Statutes §§ 49–52.]
ad libitum (ad lib-i-t[schwa]m), adv. [Law Latin] At pleasure. • The modern term ad-lib (adj. & vb.), borrowed from drama and music, is essentially the same; it means “at the performer’s pleasure,” and allows the performer discretion in innovating a part impromptu. “[B]ut in actions where the damages are precarious, being to be assessed ad
right of first refusal. A potential buyer’s contractual right to meet the terms of a third party’s higher offer. • For example, if Beth has a right of first refusal on the purchase of Sam’s house, and if Terry offers to buy the house for $300,000, then Beth can match this offer and prevent Terry
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president, n. 1. The chief political executive of a government; the head of state. [Cases: United States 26. C.J.S. United States §§ 45–47.] 2. The chief executive officer of a corporation or other organization. 3. CHAIR(1). 4. See CHAIR(3). See (in senses 3 & 4) presiding officer (3) under OFFICER(2). — presidential, adj. immediate past
A relationship in which one person is under a duty to act for the benefit of another on matters within the scope of the relationship. • Fiduciary relationships — such as trustee–beneficiary, guardian–ward, principal–agent, and attorney–client — require an unusually high degree of care. Fiduciary relationships usu. arise in one of four situations: (1) when
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The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to
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A substantial and unjust obstacle to the performance of a duty or enjoyment of a right. • For example, excessive discovery requests place an undue burden on the person who must produce the data requested. And a state law requiring a particular kind of mud flap on trucks may place an undue burden on the
allotment certificate. Securities. A document that records the essential elements of a subscription of shares, as how many shares are to be purchased, the price to be paid, and the payment and delivery schedule.
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breakage. 1. An allowance given by a manufacturer to a buyer for goods damaged during transit or storage. 2. Insignificant amounts of money retained by racetrack promoters from bets. • The retention of these small sums avoids the inconvenience of counting and paying out inconsequential winnings. [Cases: Gaming 9.]
vouch, vb. 1. To answer for (another); to personally assure (the suspect’s mother vouched for him). 2. To call upon, rely on, or cite as authority; to substantiate with evidence (counsel vouched the mathematical formula for determining the statistical probability). 3. Hist. To call into court to warrant and defend, usu. in a fine and