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Concerning - Law Dictionary Search Results

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matter

matter 1 : a subject of consideration, disagreement, or litigation: as a : a legal case, dispute, or issue [a within the court's jurisdiction] often used in titles of legal proceedings [ of Doe] see also in re b : one or more facts, claims, or rights examined, disputed, asserted, proven, or determined by legal process matter in controversy 1 : matter called also matter in dispute 2 : the monetary amount involved in a case matter in issue : a matter that is in dispute as part or all of a legal issue matter of fact : a matter primarily involving proof or evidence rather than a question of law matter of form : a matter concerning form or details often of a relatively inessential nature rather than substance [a petition invalid because of a matter of form] matter of law : a matter involving or consisting of the application of law [entitled to judgment as a matter of law "National Law Journal"] matter of record : a matter (as a fact) entered on the record of a court or other o...


Predicate

Predicate, that which is said concerning the subject in a logical proposition, as, 'The law is the perfection of commonsense'; perfection of commonsense, being affirmed concerning the law (the subject) is the predicate or thing predicated.To affirm logically....


Labour dispute

Labour dispute, means a controversy between an employer and its employees concerning the terms or conditions of employment, or concerning the association or representation of those who negotiate or seek to negotiate the term or condition of employment, Black's Law Dictionary, 7th Edn., p. 878....


interest

interest [probably alteration of earlier interesse, from Anglo-French, from Medieval Latin, from Latin, to be between, make a difference, concern, from inter- between, among + esse to be] 1 : a right, title, claim, or share in property Article Nine security interest : security interest in this entry beneficial interest : the right to the use and benefit of property [a beneficial interest in the trust] contingent interest : a future interest whose vesting is dependent upon the occurrence or nonoccurrence of a future event compare vested interest in this entry controlling interest : sufficient stock ownership in a corporation to exert control over policy equitable interest : an interest (as a beneficial interest) that is held by virtue of equitable title or that may be claimed on the ground of equitable relief [claimed an equitable interest in the debtor's assets] executory interest : a future interest other than a remainder or reversion that may take effect upon the divesting...


agency

agency pl: -cies 1 : the person or thing through which power is exerted or an end is achieved [death by criminal "W. R. LaFave and A. W. Scott, Jr."] 2 a : a consensual fiduciary relationship in which one party acts on behalf of and under the control of another in dealing with third parties ;also : the power of one in such a relationship to act on behalf of another NOTE: A principal is bound by and liable for acts of his or her agent that are within the scope of the agency. ac·tu·al agency : the agency that exists when an agent is in fact employed by a principal see also express agency and implied agency in this entry agency by estoppel : an agency that is not created as an actual agency by a principal and an agent but that is imposed by law when a principal acts in such a way as to lead a third party to reasonably believe that another is the principal's agent and the third party is injured by relying on and acting in accordance with that belief NOTE: A principal has...


Diligence

Diligence, care, of which there are infinite shades, from the slightest momentary thought to the most vigilant anxiety; but the law recognizes only three degrees of diligence: (1) Common or ordinary, which men in general exert in respect of their own concerns; the standard is necessarily variable with respect to the facts, although it may be uniform with respect to the principle. (2) High or great, which is extraordinary diligence, or that which very prudent persons take of their own concerns. (3) Low or slight, which is that which persons of less than common prudence, or indeed of no prudence at all, take of their own concerns.The Civil Law is in conformity with the Common Law. It lays down three degrees of diligence--ordinary (diligentia), extraordinary (exactissima diligentia), slight (levissima diligentia), Story on Bailments, 19.In Scots law, the term 'diligence' signifies execution. See NEGLIGENCE....


Floating security

Floating security, in an equitable charge on the assets for the time being of a going concern. If attaches to the subject charged in the varying condition in which it happens to be from time to time. It is of the essence of such a charge that it remains dormant unit the undertaking charged ceases to be a going concern, or unit the undertaking charged cases to be a going concern, or until the person in whose favour the charge is created intervenes, Governments Stock and other Securities Investment Co. Ltd. v. Manila Railway Co. Ltd., (1897) AC 81....


Public policy

Public policy, connotes some matter which concerns public good and the public interest. Expression does not admit of precise definition. Concept of 'public policy' is considered to be vague, susceptible to narrow or wider meaning depending upon the content in which it is used, Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., AIR 2003 SC 2629.Public policy, connotes some matter which concerns the public good and the public interest, Central Inland Water Transport Corporation Ltd. v. Broja Nath Ganguly, AIR 1986 SC 1571; Shri Parsar v. Municipal Board, (1997) 1 WLC 443.Public policy, demands that where fraud might have been contemplated but was not perpetrated, the defendants should not be allowed to perpetrate a new fraud. If the illegality of the transaction is trivial or venial and the plaintiff is not required to rest his case upon that illegality, then public policy demands that the defendant should not be allowed to take advantage of the position, Kedar Nath Motani v. Prahla...


Undertaking

Undertaking, denotes 'any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade, Secretary Madras Gymkhana Club Employees Union v. Manage-ment of Gymkhana Club, AIR 1968 SC 554: (1968) 2 SCJ 138: (1968) 1 SCA 379: (1967) 2 SCWR 618: (1967) 2 Lab LJ 720: 33 FJR 157: (1968) Lab JC 547: (1968) 2 Andh WR (SC) 6: (1968) 2 Mad LJ (SC) 6: 15 Fac LR 411: 16 Law Rep 140.Undertaking, denotes, with reference to company law, all the assets of the company past present and future, and is a mortgageable interest being commonly charged by the debentures of the company. 'Undertaking' means a unit, such as a factory or a granary, Industrial Disputes Tribunal (in re:), (1956) 3 All ER 111.Undertaking, in a compromise decree does not mean a promise to a court. It is merely a solemn promise by one party to the other when it appears in an agreement between the two, Nisha Kant Roy v. Sandji Bashnai, Goho, AIR 1948 Cal 294: 49 Cr LJ 567.Undertaking, i...


abstention

abstention : the staying of the exercise of federal jurisdiction in a case that involves a question of state law or policy which the federal court prefers to have resolved by a state court or agency Bur·ford abstention [bər-fərd-] : an abstention grounded on the involvement in the federal case of a challenge to the exercise of a usually complex state administrative function Col·o·ra·do Riv·er abstention [kÄ -lə-ra-dō-, -rÄ -] : an abstention grounded esp. on the involvement in the federal case of questions of state concern that are also at issue in a parallel case in state court Pull·man abstention [pl-mən-] : an abstention grounded on the involvement in the federal case of the interpretation of an ambiguously worded state law whose constitutionality would have to be determined by the federal court NOTE: A party to a case subjected to a Pullman abstention may reserve the right to return to federal court once the st...



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