Evidence tending to prove or disprove a matter in issue. • Relevant evidence is both probative and material and is admissible unless excluded by a specific statute or rule. Fed. R. Evid. 401–403. — Also termed competent evidence. Cf. material evidence. [Cases: Criminal Law 338; Evidence 99. C.J.S. Criminal Law §§ 710, 730; Evidence§§ 2–5, […]
A security accepted for trading on a securities exchange. • The issuing company must have met the SEC’s registration requirements and complied with the rules of the particular exchange. — Also termed listed stock. See DELISTING. [Cases: Exchanges 13.10. C.J.S. Exchanges §§ 17–18.]
A witness who has a direct and private interest in the matter at issue. • Most jurisdictions provide that a person witnessing a will may not be a devisee under the will. The Uniform Probate Code, however, has abrogated this rule. [Cases: Witnesses 91. C.J.S. Witnesses §§ 211–212.]
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restraint of trade. 1. A limitation on business dealings or professional or gainful occupations. 2. Antitrust. An agreement between or combination of businesses intended to eliminate competition, create a monopoly, artificially raise prices, or otherwise adversely affect the free market. • Restraints of trade are usu. illegal, but may be declared reasonable if they are
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viceregent, n. 1. A deputy regent; esp., one who acts in the place of a ruler, governor, or sovereign. 2. More broadly, an officer deputed by a superior or by proper authority to exercise the powers of the higher authority; one with delegated power.
tyranny. 1. The severe deprivation of a natural right. 2. The accumulation of all powers — the legislative, executive, and judicial — in the same hands (whether few or many). • Sense 2 expresses the Madisonian view of tyranny, to be found in The Federalist, No. 47. 3. Arbitrary or despotic government; the severe and
office. 1. A position of duty, trust, or authority, esp. one conferred by a governmental authority for a public purpose (the office of attorney general). [Cases: Officers and Public Employees 1. C.J.S. Officers and Public Employees §§ 1–9, 12–17, 21.] 2. (often cap.) A division of the U.S. government ranking immediately below a department (the
discipline, n. 1. Punishment intended to correct or instruct; esp., a sanction or penalty imposed after an official finding of misconduct. [Cases: Licenses 38. C.J.S. Agriculture § 4.5; Architects § 10; Licenses §§ 48, 50–63.] 2. The punishment or penalties (often termed “sanctions”) imposed by a disciplining agency on an attorney who has breached a
imperative theory of law. The theory that law consists of the general commands issued by a country or other political community to its subjects and enforced by courts with the sanction of physical force. • Imperative theorists believe that if there are rules predating or independent of the country, those rules may closely resemble law
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