Garner, Bryan A., and Henry Campbell Black. Black’s Law Dictionary. St. Paul, MN: West, 2009.
Existing Citations
access (s.v. access): An opportunity or ability to enter, approach, pass to and from, or communicate with. (†957)
agreement (p. 78): 1. A mutual understanding between two or more persons about their relative rights and duties regarding past or future performances; a manifestation of mutual assent by two or more persons. – 2. The parties' actual bargain as found their language or by implication from other circumstances, including course of dealing, usage of trade, and course of performance. (†1936)
agreement (p. 78): Citing UCC §1-201(3): The term 'agreement,' although frequently used as synonymous with the word 'contract,' is really an expression of greater breadth of meaning and less technicality. Every contract is an agreement, but not every agreement is a contract. In its colloquial sense, the term 'agreement' would include any arrangement between two or more persons intended to affect their relationship (whether legal or otherwise) to each other. An accepted invitation to dinner, for example, would be an agreement in this sense; but it would not be a contract, because it would neither be intended to create, nor would it in fact create, any legal obligation between the parties to it. (†1937)
attestation (p. 147): 1. To bear witness; testify, – 2. To affirm to be true or genuine; to authenticate by signing as a witness. (†579)
audit (s.v. "audit"): n. ~ A formal examination of an individual's or organization's accounting records, financial situation, or compliance with some other set of standards.
(†873)
authentication (s.v. "authentication"): authentication, n. (18c) 1. Broadly, the act of proving that something (as a document) is true or genuine, esp. so that it may be admitted as evidence; the condition of being so proved . [Cases: Criminal Law (key) 444; Evidence (key) 366-381.] 2. Specif., the assent to or adoption of a writing as one's own.
¶ "The concept of authentication, although continually used by the courts without apparent difficulty, seems almost to defy precise definition. Some writers have construed the term very broadly, as does Wigmore when he states that 'when a claim or offer involves impliedly or expressly any element of personal connection with a corporeal object, that connection must be made to appear...' So defined, 'authentication' is not only a necessary preliminary to the introduction of most writings in evidence, but also to the introduction of various other sorts of tangibles." John W. Strong et al., McCormick on Evidence § 218, at 350 (5th ed. 1999) (†413)
authentication (p. 151): 1. Broadly, the act of proving that something (as a document) is true or genuine, esp. so that it may be admitted as evidence; the condition of being so proved – 2. Specif., the assent to or adoption of a writing as one's own.
¶ self-authentication · Authentication without extrinsic evidence of truth or genuineness. · In federal courts, certain writings, such as notarized documents and certified copies of public records, may be admitted into evidence by self-authentication. Fed. R. Evid 902. (†555)
best evidence (s.v. best evidence rule): The evidentiary rule providing that, to prove the contents of a writing (or a recording or photograph), a party must produce the original writing (or a mechanical, electronic, or other familiar duplicate, such as a photocopy) unless it is unavailable, in which case secondary evidence - the testimony of the drafter or a person who read the document - may be admitted. (†1415)
certification (records) (p. 257): 1. The act of attesting. – 2. The state of having been attested. – 3. An attested statement. – . . . – 5. A procedure by which a federal appellate court asks the U.S. Supreme Court to review a question of law arising in a case pending before the appellate court and on which it needs guidance. (†577)
chain of custody (p. 250): The movement and location of real evidence, and the history of those persons who had it in their custody, from the time it is obtained to the time it is presented in court. (†556)
competence (p. 322): 1. A basic or minimal ability to do something; qualification, esp. to testify . . . – 2. The capacity of an official body to do something . . . – Authenticity . (†557)
confidence (p. 339): 1. Assured expectation; firm trust; faith. – 2. Reliance on another's discretion; a relation of trust. – A communication made in trust and not intended for public disclosure . . . . (†1715)
confidentiality (p. 339): 1. Secrecy; the state of having the dissemination of certain information restricted.
¶ confidential ~ 1. (Of information) meant to be kept secret . . . – 2. (Of a relationship) characterized by trust and a willingness to confide in the other. (†558)
consortium (p. 351): 3. A group of companies that join or associate in an enterprise. (†1929)
convention (p. 380): 3. An assembly or meeting of members belonging to an organization or having a common objective. –
6. A generally accepted rule or practice; usage or custom. (†1930)
custody (s.v. "custody"): The care and control of a thing or person for inspection, preservation, or security. (†572)
disclosure (p. 531): 1. The act or process of making known something that was previously unknown; a revelation of factors. – 2. The mandatory divulging of information to a litigation opponent according to procedural rules. (†2697)
discovery (s.v. "discovery"): 1. the act or process of finding or learning something that was previously unknown. – 2. Compulsory disclosure, as a party's request, of information that relates to the litigation. See Fed. R. Civ. P. 26-37; Fed. R. Crim. P. 16. – 3. The facts or documents disclosed. – 4. The pretrial phase of a lawsuit during which depositions, interrogatories, and other forms of discovery are conducted. ¶ "Discovery has broad scope. According to Federal Rule 26, which is the model in modern procedural codes, inquiry may be made into 'any matter, not privileged, that is relevant to the subject matter of the action.' Thus, discovery may be had of facts incidentally relevant to the issues in the pleadings even if the facts do not directly prove or disprove the facts in question." (Hazard and Tarruffo, American Civil Procedure: An Introduction 115 (1993). (†573)
document (s.v. "document"): 1. Something tangible on which words, symbols, or marks are recorded. See Fed. R. Civ. P. 34(a). – 2. (pl.) The deeds, agreements, title papers, letters, receipts, and other written instruments to prove a fact.
ancient document. Evidence · A document that is presumed to be authentic because its physical condition strongly suggests authenticity, it has existed for 20 or more years, and it has been maintains in proper custody (as by coming from a place where it reasonably expected to be found). Fed. R. Evid. 901(b)(8). (†574)
evidence (p. 635): 1. Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact. – 3. The collective mass of things, esp. testimony and exhibits, presented before a tribunal in a given dispute – 4. The body of law regulating the admissibility of what is offered as proof into the record of a legal proceeding. (†2633)
evidence (s.v. fact in evidence, p. 669): A fact that a tribunal considers in reaching a conclusion; a fact that has been admitted into evidence in a trial or hearing. (†2634)
extraterritorial (s.v. "extraterritorial"): adj. ~ Beyond the geographic limits of a particular jurisdiction. (†2638)
forensics (p. 721): forensics ~ 1. The art of argumentative discourse. – 2. The branch of law enforcement dealing with legal evidence relating to firearms and ballistics.
forensic linguistics ~ The science or technique that evaluates the linguistic characteristics of written oral communications, usu. to determine authorship.
forensic medicine ~ The branch of medicine that established or interprets evidence using scientific or technical facts, such as ballistics. (†2644)
good faith (s.v. "good faith"): good faith, n. (18c) A state of mind consisting in (1) honesty in belief or purpose, (2) faithfulness to one's duty or obligation, (3) observance of reasonable commercial standards of fair dealing in a given trade or business, or (4) absence of intent to defraud or to seek unconscionable advantage. – Also termed bona fides.
Cf. BAD FAITH. – good-faith, adj.
"The phrase 'good faith' is used in a variety of contexts and its meaning varies somewhat with the context. Good faith performance or enforcement of a contract emphasizes faithfulness to an agreed common purpose and consistency with the justified expectations of the other party; it excludes a variety of types of conduct characterized as involving 'bad faith' because they violate community standards of decency, fairness or reasonableness. The appropriate remedy for a breach of the duty of good faith also varies with the circumstances." Restatement (Second) of Contracts § 205 cmt. a (1979).
"[G]ood faith is an elusive idea, taking on different meaning and emphases as we move from one context to another – whether the particular context is supplied by the type of legal system (e.g., common law, civilian, or hybrid), the type of contract (e.g., commercial or consumer), or the nature of the subject matter of the contract (e.g., insurance, employment, sale of goods, financial services, and so on)." Roger Brownsword t al., "Good Faith in Contract," in Good Faith in Contract: Concept and Context 1, 3 (Roger Brownsword ed., 1999) (†414)
leakage (s.v. leakage): 3. Intellectual property. Loss in value of a piece of intellectual property because of unauthorized copying. The types of intellectual property most susceptible to leakage are recordable media such as compact discs and videotapes. (†1166)
legal hold (s.v. litigation hold): A notice issued in anticipation of a lawsuit or investigation, ordering employees to preserve documents and other materials relevant to that lawsuit or investigation. (†1165)
liability (s.v. liability): 1. The quality or state of being legally obligated or accountable; legal responsibility to another or to society, enforceable by civil remedy or criminal punishment. 2. A financial or pecuniary obligation; debt. (†1164)
management (s.v. management): The people in an organization who are vested with a certain amount of discretion and independent judgement in managing its affairs. (†965)
management (s.v. management): The people in an organization who are vested with a certain amount of discretion and independent judgment in managing its affairs. Middle Management: People who exercise some discretion and independent judgement in carrying out top management's directives. Top Management: The highest level of a company's management, at which major policy decisions and long-term business plans are made. (†1163)
metadata (s.v. metadata): Secondary data that organize, manage, and facilitate the use and understanding of primary data. Metadata are evaluated when conducting and responding to electronic discovery. If privileged documents or final versions of computer files may contain metadata, they might be "scrubbed" before release. (†1162)
open (s.v. open): 1. Manifest; apparent; notorious. 2. Visible; exposed to public view; not clandestine. 3. Not closed, settled, fixed, or terminated. (†1160)
open source (p. 1200): Of or related to software that includes human-readable source code and can be freely revised. (†793)
open source (p. 2000 ): open-source software ~ Software that is usu. not sold for profit, includes both human-readable source code and machine-readable object code, and allows users to freely copy, modify, or distribute the software. (†794)
open source (p. 1004.): open-source license (s.v. "license") ~ A license that allows open-source software users to copy, distribute, or modify the source code, and publicly distribute derived works based upon the source code. · Open-source licenses usu. do not require royalty or other fees on distributions. The license typically requires a user who redistributes original or modified software that was received under an open-source license to provide the original license terms, including all disclaimers, to all future users, and to distribute the source code with any machine-executable software. It is unclear who has the right or power to enforce the terms of an open-source license. Sometimes termed 'general public license'. (†795)
organization (s.v. organization): A body of persons (such as a union or corporation) formed for a common purpose. (†1159)
patent (s.v. patent): 1. The governmental grant of a right, privilege, or authority. 2. The official document so granting. (†1158)
procedure (s.v. procedure): 1. A specific method or course of action 2. The judicial rule or manner for carrying on a civil lawsuit or criminal prosecution. (†1157)
profession (s.v. "profession"): 1. A vocation requiring advanced education and training; esp., one of the three traditional learned professions - law, medicine, and the ministry.
¶ "Learned professions are characterized by the need of unusual learning, the existence of confidential relations, the adherence to a standard of ethics higher than that of the market place." [Commonwealth v. Brown, 20 NE 2d 478, 481 (Mass. 1939)] (†2708)
proprietary (s.v. proprietary): 1. Of or relating to a proprietor 2. Of, relating to, or holding as property . (†1153)
public disclosure (s.v. "disclosure," p. 531): The public revelation of some aspect of a person's private life with legitimate public purpose. (†2698)
record (s.v. record): 1. A documentary account of past events, usually designed to memorialize those events. 2. Information that is inscribed on a tangible medium or that, having been stored in an electronic or other medium, is retrievable in perceivable form. (†1039)
redaction : 1. The careful editing of a document, esp. to remove confidential references or offensive material. – 2. A revised or edited document. (†2669)
risk (p. 1442): 1. The uncertainty of a result, happening, or loss; the chance of injury, damage, or loss; esp., the existence and extent of the possibility of harm. – 2. Liability for injury, damage, or loss if it occurs. [Ed: Includes narrower aspects, including absorbable risk, assigned risk, classified risk, noninsurable risk, pure risk, shifting risk, and speculative risk.] (†470)
risk management (s.v. risk management): The procedures or systems used to minimize accidental losses, especially to a business. (†1040)
safe harbor : 1. An area or means of protection. – 2. A provision (as in a statute or regulation) that afford protection from liability or penalty. (†2660)
security (s.v. security): The state of being secure, especially from danger or attack. (†1008)
soft law (s.v. soft law): Collectively, rules that are neither strictly binding nor completely lacking in legal significance. International Law - Guidelines, policy declarations, or codes of conduct that set standards of conduct but are not legally binding. (†1009)
spoliation (s.v. spoliation): The intentional destruction, mutilation, alteration, or concealment of evidence, usually a document. The seizure of personal or real property by violent means; the act of pillaging. The taking of a benefit properly belonging to another. (†1010)
threat (s.v. threat): An indication of an approaching menace. A person or thing that well cause harm. (†990)
transparency (s.v. transparency): Openness; clarity; lack of guile and attempts to hide damaging information. The word is used of financial disclosures, organizational policies and practices, lawmaking, and other activities where organizations interaction with the public. (†991)
trust (s.v. "trust"): trust, n. (15c) 1. The right, enforceable solely in equity, to the beneficial enjoyment of property to which another person holds the legal title; a property interest held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary). · For a trust to be valid, it must involve specific property, reflect the settlor's intent, and be created for a lawful purpose. The two primary types of trusts are private trusts and charitable trusts (see below). [Cases: Trusts (key) 1.] 2. A fiduciary relationship regarding property and charging the person with title to the property with equitable duties to deal with it for another's benefit; the confidence placed in a trustee, together with the trustee's obligations toward the property and the beneficiary. ● A trust arises as a result of a manifestation of an intention to create it. See fiduciary relationship under RELATIONSHIP. 3. The property so held; CORPUS (1). (†415)
trust (p. 1648): In the strict, traditional sense, a trust involves three elements; (1) a trustee, who hold the trust property and is subject to deal with it for the benefit of one or more others; (2) one or more beneficiaries, to whom and for whose benefit the trustee owes duties with respect to the trust property; and (3) trust property, which is held by the trustees for the beneficiaries. [Citing Restatement (Third) of Trusts § 2 cmt. f (2003). (†502)
trust relationship (s.v. relationship (trust relationship)): An association based on one person's reliance on the other person's specialized training. Also termed fiducial relationship. (†992)
use (s.v. use): The application or employment of something; esp., a long-continued possession and employment of a thing for the purpose for which it is adapted. (†974)
valuation (s.v. valuation): The process of determining the value of a thing or entity. The estimated worth of a thing or entity. (†975)
