ULTIMATE FACT is a fact necessary to get a determination of an issue, factneeded to get a justifiable and properly supported decision. From latin ” ultimus ” = the extreme.
ULTIMATUM declaration of final proposal in a negotiations (usually beforea conflict or war ). Sometime the term is indicating the ultimate proposal before the beginning of a strike . From latin ” ultimus ” = the extreme / ” actutum ” = immediately . Therefore the ultimate warning involving animmediate obedience.
ULTRA VIRES ACT act performed , by a public body , without authority orgoing beyond the authority conferred. Eg : a mayor issues an order without competence because this matter his belonging to the competence of a prosecutor. From latin ” ulterior ” = beyond / ” vires ” = strenghts (here in sense of skills ) / ” actio ” = operation.
UMBRELLA POLICY in insurance law is a policy allowing a coverage against loss in excess of the coverage granted by the average of other policies, therefore are assured kind of losses not covered from other policies. From latin “umbraculum ” = shelter . In figurative sense, is a insurance policy giving a rifugio again all kind of losses.
UMPIRE third party, usually an arbitrator, appointed to hear and resolve alabor dispute. From latin ” in ” = not / ” par ” = similar. Therefore a third person having neither similar position with one of the parties in the case (neither claimant, neither defendant ).
UNANIMOUS DECISION decision taken by all the judges of a court thatare all concurring to get the same opinion. From latin ” unus ” = one / ” animus ” = soul / “decisum ” = conclusive.
UNCONDITIONAL RIGHT full right , right without limit , withoutcondition or burden. From latin ” in ” = not / ” cum ” = with / ” dictum ” = said. Therefore a right with no limit said or added to it.
UNCONDITIONAL DISCHARGE release of a prisoner from custodywithout such conditions as for example discharge on parole, on probation or subordinate to work in a community service. From latin ” in ” = not / ” cum ” = with / ” dictum ” = said. Therefore a document issuing a simple release of the prisoner without other clause or terms said or added.
UNCONSCIONABLE CONTRACT contract which the performances, theduties or right is clearly unfair or unequality to one of the parties , therefore this agreement will be unenforceable . From latin ” in” = not / ” conscius ” = consciousness. Therefore, the lack of consciuosness of one of the party that doesn’t know well the real contents of the contract stipulation.
UNCONSTITUTIONAL LAW law declared by the supreme court as againstthe constitutional provision . It can be amended or otherwise interpreted by supreme court. From latin ” in ” = not / ” constituere ” = to decide.
UNDERINSURED PROPERTY property having less insurance thanneeded to cover the value of the property, therefore the insurance coverage is not proper to pay the damages probably suffered in the future. From latin ” dereptus ” = pulled down / “securus” = sure , safe.
UNIFORM STATUTES statutes being similar in all essential parts, issuedwith the aim to give a uniformity in definition, interpretation and application of the law. (es: U.S. uniform commercial code that gives a uniformity of definition among the singular states codes) . From latin ” unus ” = one / ” forma ” = shape.
UNILATERAL CONTRACT contract requiring the act of one party, thepromise made by only one party and the performance required to one party. Eg : a gift is an unilateral contract because the performance to delivery or transfer the property of a thing is required only to one of two parties involved in the agreement . The other party has not a duty to perform , but only the possibility to accept or not accept the gift or the proposal. From latin ” unus ” = one / ” lator ” = bringer. In figurative sense, a contract bringing a duty of performance only for a party.
UNINSURED LOSS kind of loss not covered by insurance policy . Eg : a caris covered against theft but not against the damages provoked by natural disaster. From latin ” in ” = not / ” insuere ” = to sew with the aim to join. In figurative sense, the damage is represented by a cut or ripped fabric and the insurance company has the duty to sew the fabric, to repair it.
UNION CONTRACT under trade union’s matter, is a contract is collectivecontract stipulated between the trade union associations and the employer . This agreement is dealing some matters as wage, working conditions, renunciation to a right . From latin ” unus ” = one / ” cum ” = with / ” trahere ” = to pull. In figurative sense, the contractual term is pullingtogether all the workers of the same sector in the same (one) direction.
UNIT ( BARGAINING U. ) labor union or employee organizationappointed to deal with the employer association in the negotiations of collective labour contract. This unit is representing the workers’ interest. From latin ” unus ” = one .
UNIVERSAL AGENT in business law is an agent appointed by the principaland acting for him in all transaction regarding the principal. From latin ” unus ” = only / “ versari” = to take care of / “ agere ” = to represent. Infact, an only agent is appointed by principal with the aim to take care of all his business.
UNIVERSAL PARTNERSHIP kind of partnership to which each partnerhas committed all his property and assets. From latin ” unus ” = only / ” versare ” = to push. In figurative sense, each partner push his property ormoney towards the company.
UNJUST ENRICHMENT outlaw retention of money , goods or propertybelonging to another person. Eg: for a mistake, a debtor pays a sum of money not to the creditor, but to the brother of the creditors, and the latter retains the money. From latin ” in ” = not / ” iustitia ” = right .
UNREASONABLE SEARCHES AND U. SEIZURE arbitrary andunjustified rummaging , searches because not authorized or not made in case of emergency . The unreasonable seizure is a unlawful distraint because not adequate to the debtor failure. Eg : a debtor has not performed a tax payment for 1000 $ and the income revenue agency orders a seizure of his car having a worth of 5000 $. From latin ” in ” = not / ” rationabilis ” = reasonable.
UNSECURED DEBT OR OBLIGATION obligation not protected by anyguarantee , mortgage or good pledged . From latin ” in ” = not / ” secure ” = without fear
USUCAPTION the acquisition of property title (usually concerning a land )due to continued possession of it. Consequentially there is a prescription of property right upon the owner. From latin ” usus ” = employed, exercised / ” captivus ” = taken. Therefore, a property title taken by means of the land use,of the employment of the land and improvement of its worth.
USUFRUCT RIGHT right to enjoy lawfully the fruits and profits of propertybelonging to another person. Eg : a person has the right to collect and sell the natural fruits of a land belonging to another. From latin ” usus ” = advantage ” fructus ” = product. Therefore, to take an advantage from a product output by a land ( natural fruits ) or by house ( civil fruits ).
USURPATION OF RIGHT exercise a right without lawful authority orwithout legal appointment and by means of assumption of a duty or function belonging to someone else. From latin ” usurpare ” = to take possession of.
USURY LAW law imposing a set of rules concerning the proper rate ofinterest which can be charged on a loan. From latin ” usura ” = enjoyment, interest.