LAW LEXICON WITH PETER KIRCHIKOV

Excerpts from the Law Dictionary of Modern Legal Terms, Expressions, Phrases, Abbreviations, Acronyms, authored, compiled and arranged by PETER KIRCHIKOV

Special Process Server and International Process of Service

Special Process Server and International Process of Service is a legal process of serving summons and pleadings in a foreign country in accordance with the Hague Convention of November 15, 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, TIAS # 10072 (U.S. Treaties and other International Acts) and 20 UST 361 (U.S. Treaties and other International Agreements). The state or federal court should enter an order regarding Special Process Server and International Process of Service to serve summons and pleadings in a foreign country, specifying the name of the legal entity of the special process server, its designated agents appointed and authorized to effect the service of process on defendants in a specific foreign country. The service shall be affected according to the internationally agreed means, laws of a foreign country, or as directed by the foreign authority or originating court, if not prohibited by the international agreement or the laws of a foreign country and in a manner reasonably calculated to give notice. All parties to the litigation should consent to the entrance of the order to affect the service of process.

Formulary, also called drug formulary, is a list of prescription medications that a drug plan will pay for. This term is widely used by Medicare, Medicaid, SSA, etc. ( http://www.thedesk.info/partd/drugFormularies.htm and http://www.medicare.gov )

Formulary, a semiofficial directory of drugs, drug standards and specifications, issued every five years by the American Pharmaceutical Association.

Apostile Services - document legalization for international use

In 1961 many nations held a convention to elaborate on "legalizing" documents for international recognition. Member nations at the conference, the Hague Convention, adopted a document referred to as an Apostille.

Apostile Service provides full types of Apostille Services for all the 50 states in the United States of America.

Apostille Services for the most common types of documents include the following:

Marriage Certificates / Licenses, Divorce Decreedocuments, Birth and Death Certificates, Power of Attorney for Finance, Real Estate, Notarized passport, Affidavits, Education Documents, Transcripts, Diplomas, Degree Certificates, Qualification Letters, adoption documents, international adoptions, Corporate documents, Articles of Incorporation, Merger/Acquisition Agreements, Certificates of Amendment, Bank letters, Authorization to Conduct Business in Foreign Countries, Patent Applications, Trademarks, Deeds of Assignment, Distributorship Agreements, etc.

Prize law, rules of international law regulating procedure and grounds for the seizure of the merchant ships of the enemy and neutral states by a belligerent state on the high states. The enemy’s merchant ships and the property aboard are called a prize.

International gurantees, International legal acts to protect the rights of a state or a group of states and secure a particular international relations or contractual oblligations.

Bid position

Bid position term is widely used by the lawyers, attorneys, corporate executives, HR (Human Resources) personnel, in the legal community (in depositions, court proceedings, court trials) and in a specific industry, eg., coal mining industry, etc.

It is incorrectly used in the legal community and specific industry as Bidded position. The correct term is : “Bid position”.

Bid position is used in a situation when there is a pool of candidates ( in this case of specific coal mining industry-coal miners) and they bid/ submit their bid or apply for a position with their employer, coal mine operator, who has several coal mines in operation in the same state or across the U.S.A. When awarded a “Bid position”, a contract is signed between the employer, mine operator and the bidder, miner, et al. Provisions of a contract are typically controlled by the trade union. The bid positions may include such job titles (positions) as, but not limited to: scoop operator, general IS labor, driller, Unitrac operator, roofer, driller, roof bolter, miner, miner helper, shuttle car operator, belt installer, etc.

RE: Linguistic profiling, Racial profiling, Ethnic profiling, psychological profiling, etc.

The term linguistic profiling is used by several entities, one of them being law enforcement, to identify, scrutinize, analyze, locate the subject/ person of interest who may be a suspect in the case/investigation, accomplice of crime or as part of an operation. The following criteria and categories are taken into consideration: the native language, the country/geographic region, area/ of the origin; ethnic, social, parental background; mother tongue, second and third native language, dialects spoken/local, regional,/; professional/group jargons; specifics of articulation, pronunciation patterns/habits; voice pitch; belonging to or involvement in a certain ethnic or professional, social group; writing style; techniques and manners of sentence and phrase, vocabulary building and usage, wordstock, terms, expressions, acronyms, abbreviations; subject/ suspect’s choice/use of certain vocabulary, terminology during interview, questioning, briefing, debriefing, interrogation sessions; the style of composing sentences when using email communications and text-messaging; the manner of using sources and authorities- dictionaries, reference books, glossaries; phone etiquette; biographical data; etc. The above scrutiny helps single out, eliminate, exclude and distinguish the subject from the rest of the crowd.

Linguistic profiling may be related to racial profiling, as are other phrases like ethnic profiling and facial profiling.

Linguistic profiling has older senses used by speech pathologists/therapists for children with language problems e.g., dyslexia, learning disorder of inability to recognize and comprehend written words and spell them. Dyslalia is an articulation disorder resulting from impaired hearing and abnormalities of the articulatory organs.

Associated legal concepts and theories: discrimination, infringement, restriction in human rights, employment, linguistic profiling, racial profiling, ethnic profiling, facial profiling, etc.

Retention bonus/retention pay - bonuses paid to the current employees to keep them on the job due to the adverse economic situation. Longevity and loyalty are considered when paying retention bonus/ retention pay. E.g.- case with AIG currently.

Potemkin village

Potemkin village is scam, deceit, barratry and means something that appears elaborate and impressive on the outside, but in reality lacks substance. "Potemkin village” is associated with the name of Prince Grigory Potemkin, one of Russian Empress Catherine the Great's ministers and lover. In an attempt to improve the downturn economy, he tried to implement reforms in the Ukraine, but his corrupt administrators ruined his good intentions. He ordered phony, false-front villages to be manufactured for Catherine's inspection tours of the Ukraine and the Crimea, bringing contented peasants ahead of the Empress’s arrival. He allegedly had done that to give Catherine a false impression of peace and prosperity in the poverty-striken regions, where economy was in huge trouble. Potemkin village is the synonym of the scam of the Russian Imperial Government to fool the Russians. The Russian nomenklatura, the top Communist Party hierarchy, skillfully used the Potemkin village phenomenon during the Communist era to deceive its population and the world. Communists turned the whole country, the USSR, into a big Potemkin village and actually into a big house. Communists had their own Potemkin villas and did not care much about the Potemkin villages. The battleship Potyomkin was named after Prince Grigoriy Aleksandrovich Potyomkin-Tavrichesky and the movie The Battleship Potyomkin was directed by Sergei Eisenstein.

"The Potemkin village of this country's borrowed prosperity.” (Lewis H. Lapham).

Droit-Droit (French)- Double right: title and possession.

Droit Ecrit (French)- Written law.

Nomen Juris (Latin) – Legal term.

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Disclaimer: All materials and written pieces are for information purposes only and do not provide legal or any type of advice.

  © 2017 All Rights Reserved by Peter Kirchikov.