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Forms of Address: Ultra
Ultra. Extreme. Ultras are those who go beyond others in their views. Ultra vires. Beyond one's power; especially beyond the power of a court or corporation.
Una voce.
Unanimously. With one voice.
Uno ictu. (Lit.) at one stroke. At once.
Ut supra. As above mentioned.
Vade тecит. (Lit.) go with me. A book or other thing that a person carries as a constant companion. A manual.
Valeat quantum. Let the argument go for what it is worth. Verbatim. Word for word. In the same words.
Verbiage, vair byahj. Much empty talk. The use of more words than are necessary. Vero. sap. An abbreviation of verbum sat sapienti; sometimes verbum sat is used instead. A hint is sufficient to any wise man. A threat implying that if the hint is not taken exposure will follow.
Vertige, vair tihj. (Lit.) a swimming in the head. Infatuation. Verve. Animation. Spirit such as chiefly inspires artists. Veto. Opposition. Interference. The withholding of, or the power of withholding, assent to a Bill which has passed both Houses of Parliament. Via media. A middle course.
Viaticum. All things necessary for the journey.
Videlicet, or viz. Namely. That is to say. The z is a corruption of 3, a common mark of contraction in the middle ages, as habz-i. e., habit; viz. i. e., videlicet. Vi et armis. By force and arms. By unlawful means.
Visa, ve zah. Endorsement.
Vis à vis, vee zah vee. (Lit.) opposite. Sitting or standing face to face with one another.
Vis inertia. The power of inertness. Sluggishness. Indolence. Vis motrix. Motive. Moving power.
Vivats, ve vat. Cheers.
Viva voce. (Lit.) with the living voice. By word of mouth. Vive la République, viv lah ra poo blic. Success to or long live the Republic. Vivida vis. An abridgment of vivida vis animi. The strong force of mind. Vivid or glowing imagination.
Vox populi vox Dei. The voice of the people is the voice of God. ARBITRATION.
Arbitration is a peaceable and inexpensive method of settling subjects of difference between persons, by outside or unofficial parties chosen by the disputants. All persons, as a rule, who are capable of making a valid contract concerning the matter under dispute, may become a party to an arbitration. Crimes do not come within the scope of an arbitration. ment.
A question may become the subject of arbitration orally, or by written agree- While the form is not essential, it is best, however, to reduce it to writing. Questions may also be submitted to arbitration, under the statute, when the parties desire to avail themselves of its provisions; or by rule of court, which occurs when the parties agree to take an action pending in court before arbitrators, under an order of said court; and lastly by deposit of notes.
The first essential of an award is that it shall be conformable to the terms of the submission. Arbitrators are not permitted to exceed the limits of their commission. They have to answer the questions submitted to them, and those only. The award does not affect strangers, or those who are a party to it, nor does it demand from either party a payment or any like act to a stranger. Should the stranger be mentioned only as agent of one of the parties, of which he actually is, or is a trustee, the award is not invalidated.
An award should not embrace matters not submitted; but should a portion of the award submitted exceed the limits of the submission, and if it can be separated from the rest without effacing the whole, it may be rejected and the whole will stand,. otherwise it will be void. If particulars are specified in the submission, the terms must be strictly followed.
If the terms of the submission be not specially construed, they will be used liberally, without carrying them beyond their spirit. All questions submitted for decision must be decided, unless it is otherwise provided in the submission. Should the award not embrace all the questions submitted to the arbitrators, it will be void. An award must be certain, that is, it must be so clearly expressed that there can be no doubt as to the meaning of the arbitrators. An award must be possible; for the impossibility of doing a thing would vitiate the award. " But," writes Parsons, "the impossibility which vitiates an award is one which belongs to the nature of the thing, and not to the accidental nature of the party at that time. Thus if he be ordered to pay money on a day that is past, it is void; so if he be required to give up a deed which he neither has nor expects to have; but if he be directed to pay money, the award is good, though he has no money, for it creates a valid debt against him."
An award must be reasonable, final and conclusive. Should an award be open to objection in part regarding any of these things, it does not make it necessarily void. What is faulty is void, but the rest stands.
In the United States no especial form of award is necessary. As submissions are made generally under a statute, or rule of the court, an award is seldom vitiated by formal inaccuracies. The specified conditions or directions of the submission, however, should be strictly followed.
Should the arbitrator make a material mistake, in regard to fact or law, it will be set aside, but it must be evident that it was a mistake, and did not spring from corruption. The omission to examine witnesses, or the concealment of material circumstances, without good cause, is regarded as fraudulent. Either party may revoke the submission before the award is made; but submissions made by order or rule of court are excepted from this rule in the United States. In some of the States, the statutes concerning arbitration provide for the revocation of the submission. As arbitration is a contract, if one party revokes the submission, he is guilty of breach of contract, and must pay damages. If either party wishes to revoke the submission, he must notify the other party. In case of bankruptcy or insolvency, the assignees acquire the same power of revocation that the bankrupt or insolvent possessed, but no more. The submission is vacated by the death of either party.
After an award is made neither of the parties has any further control over it. In arbitration, the parties are entitled to the assistance of counsel, as they would be in court. CORPORATIONS.
A corporation is a body created by law, and consists of several individuals united under a common name, and in such a manner that they and their successors form one person in law, distinct from that of any of the individual members, though embracing them all. The body continues the same notwithstanding the change of the individuals who compose it.
Three or more persons may form a corporation. The individuals who wish to form a corporation are required to make and to acknowledge before an officer authorized to take the acknowledgment of deeds a written certificate, in conformity with the requirements of the law, a duplicate of which must be filed with the Secretary of State. A corporation acquires the right of perpetual succession, to sue or be sued, to implead or be impleaded, and do all other acts ordinary persons may do. As it is an invisible body, it may express its intentions by the affixing of its common seal, but the rule of law requiring a corporation to act under a seal, in order to lend validity to its contracts, has ceased to be general in the United States. The usual rule is for the corporation to act, simply by the resolution of its board of directors.