exhausted vote
A preferential vote on which all the ranked candidates have already been elected or eliminated. — Also termed exhausted ballot.
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hadley v baxendale rule
Hadley v. Baxendale rule. Contracts. The principle that consequential damages will be awarded for breach of contract only if it was foreseeable at the time of contracting that this type of damage would result from the breach. Hadley v. Baxendale, 9 Exch. 341 (1854). • Hadley v. Baxendale is best known for its impact on
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working model
working model. Patents. A sample of an invention, usu. built for testing and for displaying to potential buyers. • The building of a working model is called “actual reduction to practice.” It is not required for a patent, but it can help the applicant to clarify the description and to establish a date of invention
omnibus hearing
Criminal procedure. A hearing designed to bring judicial oversight over criminal cases at an early stage to make certain that the cases are being handled expeditiously and properly. • At an omnibus hearing, the court is primarily interested in ensuring that discovery is being conducted properly, that any necessary evidentiary hearings have been scheduled, and
planned unit development
planned-unit development. A land area zoned for a single-community subdivision with flexible restrictions on residential, commercial, and public uses. — Abbr. PUD. Cf. RESIDENTIAL CLUSTER. [Cases: Zoning and Planning 245. C.J.S. Zoning and Land Planning § 101.] “A PUD is primarily an alternative to traditional zoning since it provides a mixing of uses. The location
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promoter
promoter. 1. A person who encourages or incites. 2. A founder or organizer of a corporation or business venture; one who takes the entrepreneurial initiative in founding or organizing a business or enterprise. — Formerly also termed projector. [Cases: Corporations 30. C.J.S. Corporations § 67.] “The complete judicial acceptance of the term ‘promoter’ is a
not guilty by statute
Hist. Under certain acts of Parliament, the pleading form for a defendant’s general denial in a civil action. • This pleading form allowed a public officer to indicate action under a statute. The officer had to write the words “by statute” in the margin along with the year, chapter, and section of the applicable statute,
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nonfundamental term
Any contractual provision that is not regarded as a fundamental term. — Also termed nonessential term; nonvital term. [Cases: Contracts 9(1), 15. C.J.S. Contracts §§ 33, 35–36, 38, 42–43.]
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truth
truth. 1. A fully accurate account of events; factuality. 2. Defamation. An affirmative defense by which the defendant asserts that the alleged defamatory statement is substantially accurate. [Cases: Libel and Slander 54. C.J.S. Libel and Slander; Injurious Falsehood §§ 108–109.]