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joint ballot

See BALLOT (2).

joint ballot

A vote by legislators of both houses sitting together as one body.

joint board

A committee - usu. made up of an equal number of representatives from management and the union - established to conduct grievance proceedings or resolve grievances.

joint bond

A bond signed by two or more obligors . In contrast to a joint and several bond, all the obligors must be joined if an action is brought on the bond.

joint bond

See BOND (3).

joint committee

A legislative committee composed ofmembers of both houses of a legislature.

joint committee

See COMMITTEE.

joint contract

A contract in which two or more promisors are together bound to fulfill its obligations, or one in which two or more promisees are together entitled to performance. Cf. severable contract.

joint covenant

See COVENANT (1).

joint covenant

A covenant that binds two or more covenantors together. Cf. several covenant.

joint creditor

A creditor who is entitled, along with another creditor, to demand payment from a debtor.

joint creditor

See CREDITOR.

joint custody

See CUSTODY (2).

joint custody

An arrangement by which both parents share the responsibility for and authority over the child at all times, although one parent may exercise primary physical custody. In most jurisdictions, there is a rebuttable presumption that joint custody is in the child's best interests. Joint-custody arrangements are favored unless there is so much animosity between the parents that the child or children will be.adversely affected by a jointcustody arrangement. An award of joint custody does not necessarily mean an equal sharing of time; it does, however, mean that the parents will consult and share equally in the child's upbringing and indecision making about upbringing. In a joint-custody arrangement, the rights, privileges, and responsibilities are shared, though not necessarily the physical custody. In a joint-custody arrangement, physical custody is usu. given to one parent. In fact, awards of joint physical custody, in the absence of extraordinary circum stances, are usu. found not to be in the best interests of the child. Also termed shared custody; joint managing conservatorship. "The statutes, and the cases as well, differ over the definition of joint custody. It is most often defined as meaning only that both parents will share in the decisions concerning the child's care, education, religion, medical treatment and general welfare." Homer H. Clark Jr.. The Law of Domestic Relations in the United States § 19.5. at 815 (2d ed. 1988).

joint debtor

One of two or more debtors jointly liable for the same debt.

joint debtor

See DEBTOR.

joint defendant

See CODEFENDANT.

joint demise

In an ejectment action, a demise made by two or more persons in one declaration.

joint demise

See DEMISE.

joint employment

See EMPLOYMENT.

joint employment

A job in which the essential terms and conditions of the employee's work are controlled by two or more entities, as when a company hires a contractor to perform a task and retains control over the contractor's employees in matters such as hiring, firing, diScipline, conditions of employment, promulgation of work rules. assignment of day-to-day job duties, and issuance of operating instructions.

joint enterprise

1. An undertaking by two or more persons who set out to commit an offense they have conspired to. See CONSPIRACY. 2. Torts. An undertaking by two or more persons with an equal right to direct and benefit from the endeavor, as a result of which one participants negligence may be imputed to the others. Also termed (in senses 1 & 2) common enterprise. 3. JOINT VENTURE. 4. A joint venture for noncommercial purposes. "A business relationship is needed for ajoint venture but not for a joint enterprise. Thus, a joint enterprise may be defined as a non-commercial joint venture." 46 Am.Jur. 2d Joint Ventures § 6, at 27 (1994).

joint estate

Any of the following five types of estates: (1) a joint tenancy, (2) a tenancy in common, (3) an estate in coparcenary (a common-law estate in which coheirs hold as tenants in common), (4) a tenancy by the entirety, or (5) an estate in partnership.

joint estate

See ESTATE (1).

joint executor

See EXECUTOR.

joint executor

One of two or more persons named in a will as executor of an estate. Also termed coexecutor.

joint heir

1. A coheir. 2. A person who is or will be an heir to both of two designated persons at the death of the survivor of them, the word joint being here applied to the ancestors rather than the heirs. known heir. An heir who is present to claim an inheritance, the extent of which depends on there being no closer relative.

joint heir

See HEIR.

joint indictment

An indictment that charges two or more people with an offense.

joint indictment

See INDICTMENT.

joint interest

An interest that is acquired at the same time and by the same title as another persons. See joint tenancy under TENANCY.

joint interest

See INTEREST (2).

joint inventor

A person who collaborates with another or others in developing an invention. All joint inventors must be identified on a patent application. "Employing a friend, mechanic, model maker or other person to do work for one on an idea does not, as a rule, make him a joint inventor with the originator. One has a right to employ someone else to do ones work. There are conditions, however, where such person would become a joint inventor, or even sole inventor. It is best to play safe and consult an experienced patent lawyer, laying before him all of the facts." Richard B. Owen, Patents, Trademarks, Copyrights, Departmental Practice 7 (1925).

joint legal custody

See joint custody under CUSTODY (2).

joint liability

See LIABILITY.

joint life insurance

See LIFE INSURA.NCE.

joint life insurance

See LIFE INSURANCE.

joint life policy

A life-insurance policy that matures and becomes due upon the death of any of those jointly insured.

joint life policy

See INSURANCE POLICY.

joint managing conservatorship

See joint custody under CUSTODY (2).

joint mortgage

See MORTGAGE.

joint negligence

See NEGLIGENCE.

joint note

See NOTE (1).

joint obligation

See OBLIGATION.

joint obligation

1. An obligation that binds two or more debtors to a single performance for one creditor. 2. An obligation that binds one debtor to a single performance for two or more creditors.

joint offense

An offense (such as conspiracy) committed by the participation of two or more persons.

joint offense

See OFFENSE (1).

joint ownership

Undivided ownership shared by two or more persons.Typically, an owner s interest, at death, passes to the surviving owner or owners by virtue of the right of survivorship.

joint ownership

See OWNERSHIP.

joint participation

A pursuit undertaken by a private person in concert with a governmental entity or state official, resulting in the private persons performing public functions and thereby being subject to claims under the civil-rights laws. Also termed joint activity. See SYMBIOTIC-RELATIONSHIP TEST; NEXUS TEST.

joint party

See COPARTY.

joint party

See COPARTY.

joint physical custody

See joint custody under CUSTODY (2).

joint plaintiff

See COPLAINTIFF.

joint possession

Possession shared by two or more persons.

joint possession

See POSSESSION.

joint property

See PROPERTY.

joint property

Real or personal property held by two or more persons with a right of survivorship. Cf. common property.

joint rate

See RATE.

joint rate

A single rate charged by two or more carriers to cover a shipment of goods over a single route.

joint resolution

See RESOLUTION (1).

joint resolution

A legislative resolution passed by both houses. It has the force of law and is subject to executive veto.

joint return

See TAX RETURN.

joint return

A return filed together by spouses. A joint return can be filed even if only one spouse had income, but each spouse is usu. individually liable for the tax payment.

joint rule

See RULE (2).

joint rule

A rule adopted by both houses of a bicamerallegislature for the conduct of business or relations between them, such as when they meet in joint session, or for other matters in which they share an interest. See joint session under SESSION (1).

joint session

See SESSION (1).

joint session

The combined meeting of two legislative bodies (such as the House of Representatives and the Senate) to pursue a common agenda. "When the two houses meet in a joint seSSion, they, in effect, merge into one house where the quorum is a majority of the members of both houses, where the votes of members of each house have equal weight, and where special rules can be adopted to govern joint sessions or they can be governed by the parliamentary common law." National Conference of State Legislatures, Masons Manual of Legislative Procedure § 782, at 573 (2000).

joint stock

See STOCK.

joint stock

Capital invested in an unincorporated business and divided into shares proportionate to the size of each investment.

joint tariff

A rate schedule established by two or more carriers covering shipments between places requiring the use of facilities owned by those carriers.

joint tariff

See TARIFF (5).

joint tenancy

A tenancy with two or more coowners who take identical interests simultaneously by the same instrument and with the same right of possession. A joint tenancy differs from a tenancy in common because each joint tenant has a right of survivorship to the others share (in some states, this right must be clearly expressed in the conveyance - otherwise, the tenancy will be presumed to be a tenancy in common). See RIGHT OF SURVIVORSHIP. Cf. tenancy in common. "The rules for creation of a joint tenancy are these: The joint tenants must get their interests at the same time. They must become entitled to possession at the same time. The interests must be physically undivided interests, and each undivided interest must be an equal fraction of the whole - e.g., a one-third undivided interest to each of three joint tenants. The joint tenants must get their interests by the same instrument - e.g., the same deed or will. The joint tenants must get the same kinds of estates e.g., in fee simple, for life, and so on." Thomas F. ergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 55 (2d ed. 1984).

joint tenancy

See TENANCY.

joint tenant

See joint tenancy under TENANCY.

joint tenant

See joint tenancy under TENANCY.

joint tortfeasors

See TORTFEASOR.

joint trespass

See TRESPASS.

joint trial

See TRIAL.

joint trustee

See COTRUSTEE.

joint venture

A business undertaking by two or more persons engaged in a single defined project. The necessary elements are: (1) an express or implied agreement; (2) a common purpose that the group intends to carry out; (3) shared profits and losses; and (4) each members equal voice in controlling the project. - Also termed joint adventure; joint enterprise. Cf. PARTNERSHIP; STRATEGIC ALLIANCE; VENTURE There is some difficulty in determining when the legal relationship of joint venture exists, with authorities disagreeing as to the essential elements .... The joint venture is not as much of an entity as is a partnership." Henry G. Henn & John R. Alexander, Laws of Corporations § 49, at 106 (3d ed. 1983).

joint verdict

See VERDICT.

joint welfare fund

See FUND (1).

joint will

See WILL.

joint work

See WORK (2).

joint-and-survivorship account

See joint account under ACCOUNT.

joint-check rule

The principle that when an owner or general contractor issues a check that is made jointly payable to a subcontractor and the subcontractors materialman supplier, the materialmans indorsement on the check certifies that all amounts due to the materialman. up to the amount of the check, have been paid. This rule protects the owner or general contractor from lien foreclosure by a materialman who was not paid by the subcontractor. By issuing a joint check, the owner or general contractor is not left merely to hope that the subcontractor pays all the materialmen. And the materialman is protected because it can refuse to indorse the check until it is satisfied that the sub-contractor will pay it the appropriate amount.

joint-defense privilege

See PRIVILEGE (3).

joint-defense privilege

The rule that a defendant can assert the attorney-client privilege to protect a confidential communication made to a codefendant s la"wyer ifthe communication was related to the defense of both defendants. Also termed common-interest doctrine; common-interest privilege; common-interest exception.

joint-interest purchase

See SPLIT-INTEREST PURCHASE OF PROPERTY.

jointress

A woman who has a jointure. - Also termed jointuress. See JOINTURE (1).

joint-stock association

See joint-stock company under COMPANY.

joint-stock company

See COMPANY.

joint-stock company

1. An unincorporated association of individuals possessing common capital, the capital being contributed by the members and divided into shares, of which each member possesses a number of shares proportionate to the member's investment. 2. A partnership in which the capital is divided into shares that are transferable without the express consent of the partners. Also termed jointstock association; stock association. "The joint stock association or company developed early in English company law, the term being used to distinguish companies which operated on a joint account and with a 'joint stock' (in trade) of their members from companies (now obsolete) each member of whom traded on one's separate account with one's own stock in trade In Americanjurisdictions, the joint stock association is generally an unincorporated business enterprise with ownership interests represented by shares of stock." Henry G. Henn & John R. Alexander, Laws of Coypoyations § 50, at 109 (3d ed. 1983).

jointure

(joyn-char). 1. Archaic. A womans freehold life estate in land, made in consideration of marriage in lieu of dower and to be enjoyed by her only after her husbands death; a settlement under which a wife receives such an estate. The four essential elements are that (1) the jointure must take effect immediately upon the husbands death, (2) it must be for the wifes own life, and not for anothers life or for a term of years, (3) it must be held by her in her own right and not in trust for her, and (4) it must be in lieu of her entire dower. See DOWER.

jointuress

See JOINTRESS.

joint-venture corporation

See CORPORATION.

joint-venture corporation

A corporation that has joined with one or more individuals or corporations to accomplish some specified project.

joint-welfare fund

A fund that is established in collective bargaining to provide health and welfare benefits to union employees. - the fund is jointly managed by labor and management representatives. - Also termed Taft-Hartley fund.

joker

1. An ambiguous clause inserted in a legislative bill to render it inoperative or uncertain in some respect without arousing opposition at the time of passage. 2. A rider or amendment that is extraneous to the subject of the bill.

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