A
An agreement between two (or
more) persons, one of whom has a right
of action against the other that the latter should do or give, and the former accept, something in satisfaction of
the right of action. When the agreement is
executed, and satisfaction has been made, it is called accord and
satisfaction, and operates as a bar to
the right of action. Accord, Restatement (Second) of Contracts S 281(1)
The principle that the courts
will not examine the validity of a taking of property by a foreign government
within its own territory, if the
foreign government is extant and recognized by the United States at the time of the suit, in the absence of a treaty
or other unambiguous agreement regarding controlling legal principles, even if
the complaint alleges that the taking violates customary international law. The
act in question must be public, and not commercial in nature. Expropriation claims may be heard as set&-offs in
some circumstances, however.
A judgment or decision. (2) Of
bankruptcy, the declaring a debtor
bankrupt.
An act to establish a uniform
system of administering laws by and
among the agencies of the United States
government, and to provide for administrative and judicial review of the
decisions of those agencies. 5 U.S.C. ss 1001 et seq.; 60 Stat. 237 (1946)
In some jurisdictions, the
formal opinion of a higher court concerning a point at issue in a lower court.
(2) The formal opinion of a legal
officer, e.g., Attorney General, concerning a question of law submitted by
a public official. (3) In some jurisdictions, the opinion of a
court concerning a question submitted by a legislative body.
A written statement of fact,
signed and sworn to before a person having authority to administer an oath.
To make firm; to establish. (1)
To ratify or confirm the judgment of a lower court. (2) To ratify or confirm a
voidable contract. (3) To declare or verify as a substitute for an oath.
An act to prohibit age
discrimination in employment. 29 U.S.C. ss 3322, 8335, 8339, 92 Stat. I
A person authorized by another
(the principal), to do an act or transact business for him, and to bind the
principal within the limits of that authority. An agent may be general, to do
all business of a particular kind; or special, to do one particular act. The
agent's power to bind the principal is according to the scope of his authority.
In pleading, a statement of the
defenses on which a parting defending a lawsuit intends to rely. (2) A
statement under oath, in response to written interrogatories, i.e., questions,
or oral questions.
Various federal and states
statutes intended to protect trade and commerce from unlawful restraints and
monopolies.
A person who initiates an appeal
from one court to another.
The authority of a superior
court to review and modify the decision of an inferior court.
The party in a lawsuit against
whom an appeal has been taken.
The voluntary submission of a
matter in dispute to the nonjudicial judgment of one, two, or more
disinterested persons, called arbitrators,
whose decision is binding on the parties.
The voluntary settlement of a
controversy by mutually agreeing to submit the controversy to arbitration, so
that the decision in the arbitration is binding on the parties. (2) An
affirmative defense which seeks to avoid a claim because it was previously
submitted to arbitration, and an award was established.
To bring an accused person to
court for the purpose of having him answer the charge against him.
The seizing of a person and
detaining him in custody by lawful authority. (2) Taking of another into the
custody of the actor for the actual or purported purpose of bringing the other
before a court, or of otherwise securing the administration of the law Restatement
(Second) of Torts ss 112. (3) The seizure and detention of personal chattels,
especially ships and vessels libeled in a court of admiralty.
Strictly speaking, threatening
to strike or harm. (2) A threatening gesture, with or without verbal
communication. If a blow is struck, it is battery (q.v.). (3) Attempting to
cause or purposely, knowingly, or recklessly causing bodily injury to another,
or negligently causing bodily injury to another with a deadly weapon, or
attempting by physical menace to put another in fear of imminent serious bodily injury, also called
simple assault. Model Penal Code ss 2II.1(1).
A defense to a claim for
negligent injury to a person or
property, i.e., a person who voluntarily exposes himself or his property to a known danger
may not recover for injuries thereby sustained. Accord, Restatement (Second) of
Torts ss 496A.
