Birth certificate.

A formal document which certifies as to the date and place of one's birth and a
recitation of his or her parentage, as issued by an official in charge of such records. Furnishing of such is
often required to prove one's age. See Birth record.

Birth record. Official statistical data concerning dates and places of persons' birth, as well as parentage,
kept by local government officials. See Birth certificate.

Birth. The act of being born or wholly brought into separate existence.

Formal. Relating t o matters o f form; a s , "formal defects"; inserted, added, or joined pro forma . See
Form; Parties.

Form. A model or skeleton of an instrument to be used in a j udicial proceeding or legal transaction,

containing the principal necessary matters, the proper technical terms or phrases and whatever else is
necessary to make it formally correct, arranged in proper and methodical order, and capable of being
adapted to the circumstances of the specific case.

Document. An instrument on which is recorded, by means of letters, figures, or marks, the original,
official, or legal form of something, which may be evidentially used. In this sense the term "document"
applies to writings; to words printed, lithographed, or photographed; to maps or plans; to seals, plates,
or even stones on which inscriptions are cut or engraved. In the plural, the deeds, agreements, title-
papers, letters, receipts, and other written instruments used to prove a fact. Commercial law. Under
U.C.C., any paper including document of title, security, invoice, certificate, notice of default and the like.

Public document. A state paper, or other instrument of public importance or interest, issued or
published by authority of congress or a state legislature. Also any document or record, evidencing or
connected with the public business or the administration of public affairs, preserved in or issued by any
department of the government. One of the publications printed by order of congress or either house
thereof. Broadly any document open to public inspection.

Instrument. A written document; a formal or legal document in writing, such as a contract, deed, will,
bond, or lease. A negotiable instrument (defined in U.C.C. § 3- 104), or a security (defined in U.C.C. § 8- 1
02) or any other writing which evidences a right to the payment of money and is not itself a security
agreement or lease and is of a type which is in ordinary course of business transferred by delivery with
any necessary indorsement or assignment.U.C.C . § 9- 1 05( 1).

Anything reduced to writing, a document of a formal or solemn character, a writing given as a means of
affording evidence. A document or writing which gives formal expression to a legal act or agreement, for
the purpose of creating, securing, modifying, or terminating a right. A writing executed and delivered as
the evidence of an act or agreement. Moore v. Diamond Dry Goods Co. , 47 Ariz. 128, 54 P.2d 553, 554.
Anything which may be presented as evidence to the senses of the adjudicating tribunal. See also Bearer
instrument; Bill; Commercial paper;Negotiable instruments; Note.
Record, n. A written account of some act, court proceeding, transaction, or instrument, drawn up, under
authority of law, by a proper officer, and designed to remain as a memorial or permanent evidence of
the matters to which it relates. People ex reI. Simons v. Dowling, 84 Misc. 20 1 , 146 N.Y.S. 919, 920. A
memorandum public or private, of what has been done, ordinarily applied to public records, in which
sense it is a written memorial made by a public officer. Nogueira v. State, 123 Tex.Cr.R. 449, 59 S.W.2d
83 1 .

Public record. A record, memorial of some act or transaction, written evidence of something done, or
document, considered as either concerning or interesting the public, affording notice or information to
the public, or open to public inspection. Any writing prepared, owned, used or retained by any agency in
pursuance of law or in connection with the transaction of public business. "Writings" means all
documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes,
electronic date-processing records, artifacts or other documentary material, regardless of physical form
or characteristics.

Waif /weyf / . Waifs are goods found, but claimed by

nobody; that of which every one waives the claim.

Also, goods stolen and waived, or thrown away by

the thief in his flight, for fear of being apprehended.

Waifs are to be distinguished from bona fugitiva,

which are the goods of the felon himself, which he

abandons in his flight from justice.

document, n. (15c) 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 used to

prove a fact.

document ofauthority. See governing document.

governing document. Parliamentary law. A document

that defines or organizes an organization, or grants or

establishes its authority and governance .• An organization's

governing documents may include a charter,

articles of incorporation or association, a constitution,

bylaws, and rules. A charter or articles of incorporation

or association, if they have been granted

or adopted, are an organization's most authoritative

governing document, followed by the constitution,

bylaws, and rules, in that order. - Also termed

document ofauthority. See CHARTER (4), (5); ARTICLES

OF INCORPORATION; ARTICLES OF ASSOCIATION (2);

CONSTITUTION (4); BYLAW (1); SUBORDINATION (2).

public document. (17c) A document of public interest

issued or published by a political body or otherwise

connected with public business. Cf. public record

under RECORD. [Cases: Evidence (::::::>325-337.)

document, vb. (18c) 1. To support with records, instruments,

or other evidentiary authorities <document

the chain of custody>. 2. To record; to create a written

record of <document a file>.

doing business. Ihe act of engaging in business activities;

specif., the carrying out of a series of similar

acts for the purpose of realizing a pecuniary benefit,

or otherwise accomplishing a goal, or doing a single

act with the intention of starting a series ofsuch acts;

esp., a nonresident's participation in sufficient business

activities in a foreign state to allow the state's courts

to exercise personal jurisdiction over the nonresident.

See BUSINESS (1); D/B/AI; DOING-BUSINESS STATUTE;

LONG-ARM STATUTE; MINIMUM CONTACTS. [Cases: Corporations

<::=642, 665(1); Courts C=12(2.15).]

doing-business statute. A state law defining the acts

that constitute undertaking business there, usu. for

the purpose of establishing the circumstances under

which the state's courts may exercise personal jurisdiction

over a nonresident. See MINIMUM CONTACTS;

LONG-ARM STATUTE. [Cases: Courts C=12(2.15).]

certificate, n. (15c) 1. A document in which a fact is

formally attested <death certificate>. See STOCK CERTIFICATE.

2. A document certifying the bearer's status

or authorization to act in a specified way <nursing certificate>.

3. A notice by one court to another court of

the action it has taken <when issuing its opinion, the

Seventh Circuit sent a certificate to the Illinois Supreme

Court>
certificate creditor. See CREDITOR.

certificated security. See SECURITY.

certificate of authority. (1808) 1. A document authenticating

a notarized document that is being sent to

another jurisdiction.• The certificate assures the

out-of-state or foreign recipient that the notary public

has a valid commission. - Also termed certificate of

capacity; certificate of official character; certificate of

authentication; certificate ofprothonotary; certificate of

magistracy; apostille; verification. 2. A document issued

by a state agency, usu. the secretary of state, granting

an out-of-state corporation the right to do business in

the state.

certificate of capacity. See CERTIFICATE OF AUTHORITY

(1).

certification, n. (ISc) 1. 'Ihe act ofattesting. 2. 'The state

of having been attested. 3. An attested statement. 4. The

writing on the face of a check by which it is certified.

mark, n. (bef. 12c) l. A symbol, impression, or feature

on something, usu. to identify it or distinguish it from

something else. 2. TRADEMARK (1). 3. SERVICEMARK.

trademark, n. (1838) 1. A word, phrase, logo, or other

graphic symbol used by a manufacturer or seller to distinguish

its product or products from those of others.

• The main purpose of a trademark is to deSignate

the source of goods or services. In effect, the trademark

is the commercial substitute for one's signature.

trade, n. (14c) 1. The business of buying and selling or

bartering goods or services; COMMERCE.

inland trade. Trade wholly carried on within a country,

as distinguished from foreign commerce.

precarious trade. Int'llaw. Trade by a neutral country

between two belligerent powers, allowed to exist at

the latter's sufferance.

2. A transaction or swap. 3. A business or industry

occupation; a craft or profession. - trade, vb.

trade and commerce. Every business occupation carried

on for subsistence or profit and involving the elements

of bargain and sale, barter, exchange, or traffic.

abandoned trademark. A mark whose owner has discontinued

using it and has no intent to resume using

it in the ordinary course oftrade, or has allowed it to

become a generic term or otherwise to lose its distinctive

Significance.• Under § 45 of the Lanham

Act, nonuse of a mark for three consecutive years is

prima facie evidence of abandonment. The owner

ofan abandoned mark has no trademark rights to

exclude others from using it. - Also termed abandoned

mark. [Cases; Trademarks 1155.}

tradename. Intellectual property. 1. A name, style, or

symbol used to distinguish a company, partnership,

or business (as opposed to a product or service); the

name under which a business operates. _ A tradename

is a means of identifying a business - or its products

or services to establish goodwill. It symbolizes the

business's reputation. Cf. BRAND; D/B/A; TRADEMARK.

[Cases: Trademarks (....-::1026.]2. A trademark that was

not originally susceptible to exclusive appropriation

but has acquired a secondary meaning. - Also termed

brand name; commercial name.

trade or business. Tax. Any business or professional

activity conducted by a taxpayer with the objective of

earning a profit. - If the taxpayer can show that the

primary purpose and intention is to make a profit, the

taxpayer may deduct certain expenses as trade-orbusiness

expenses under the Internal Revenue Code.

[Cases: Internal RevenueC-~3314.1-3318.]

legal name. See NAME.

traffic, n. (16c) 1. Commerce; trade; the sale or exchange

of such things as merchandise, bills, and money. 2. The

passing or exchange ofgoods or commodities from one

person to another for an equivalent in goods or money.

3. People or things being transported along a route. 4.

The passing to and fro ofpeople, animals, vehicles, and

vessels along a transportation route.

name, n. (bef. 12c) A word or phrase identifying or designating

a person or thing and distinguishing that person

or thing from others.

Christian name. See personal name.

distinctive name. A name, esp. a tradename, that

clearly distinguishes one thing from another. - To

maintain an action for tradename infringement, the

plaintiff must prove, among other things, that it owns

a distinctive name. [Trademarks 1029.J

first name. See personal name.

full name. An individual's personal name, second

or middle names or initials (if any), and surname

arranged in a customary order .• In Western cultures,

the traditional order is usu. personal name, middle

names or initials, and surname. In many other

cultures, the order is surname first, followed by one

or more personal names. [Cases: Names (;:;, 1.J

personal name. An individual's name or names given

at birth, as distinguished from a family name. - Also

termed given name; (in the Western tradition) first

name; (in the Christian tradition) Christian name.

Cf. surname. [Cases: Names ~2.]

national, n. 1. A member ofa nation. 2. A person owing

permanent allegiance to and under the protection ofa

state, 8 l;SCA § llOl(a)(21).

national ofthe United States. A citizen of the United

States or a noncitizen who owes permanent allegiance

to the United States. 8 USC A § 1l01(a)(22). Also

termed u.s. national; U.S. citizen, [Cases: Aliens,

Immigration, and Citizenship C=654.]

nation, n, (14c) 1. A large group of people haVing a

common origin, language, and tradition and usu.

constituting a political entity.• When a nation is

coincident with a state, the term nation-state is often

used. Also termed nationality.

'The nearest we can get to a definition is to say that a

nation is a group of people bound together by common

history, common sentiment and traditions, and, usually

(though not always. as, for example, Belgium or Switzerland)

by common heritage. A state, on the other hand, is a

society of men united under one government. These two

forms of society are not necessarily coincident. A single

nation may be divided into several states, and conversely

a single state may comprise several nations or parts of

nations." John Salmond, Jurisprudence 136 (Glanville L

Williams ed., 10th ed. 1947).

2. A community of people inhabiting a defined territory

and organized under an independent government;

a sovereign political state. Cf. STATE.

nationality. (I7c) 1. NATION (1). 2. The relationship

between a citizen of a nation and the nation itself, customarily

involving allegiance by the citizen and protection

by the state; membership in a nation .• This

term is often used synonymously with citizenship. See

CITIZENSHIP. 3. The formal relationship between a ship

and the nation under whose flag the ship sails. See FLAG

STATE. [Cases: Shipping <:r'-=>2.J

"'Nationality' is a term which has long been used to define

the legal relationship between a state and a ship which is

authorized by the state to fly its flag .... Discussions in the

International Law Commission in 1951 reflected concern

that the use of the term 'nationality' in reference to ships

was misleading as it implied similarity to the term's use

in defining the legal relationship between a state and its

citizen. Nonetheless, the term has continued to be the

one most often employed in describing the relationship

between a ship and its flag state. It is important to realize,

however, that in spite of their common names, the legal

relationship ascribed to the nationality of ships does differ

from that arising from the nationality of natural or juridical

persons." Louis B. 50hn & Kristen Gustafson, The Law of

the Sea in a Nutshell12 (1984).

nationality theory. The jurisdictional principle that

citizens are subject to the laws of their country, no

matter where the citizens are. [Cases: International

LawC:::>7.]
native-born, adj. 1. Born within the territorial jurisdiction

ofa country. 2. Born of parents who convey rights

of citizenship to their offspring, regardless ofthe place

ofbirth.

human trafficking. The illegal recruitment, transportation,

transfer, harboring, or receipt of a person, esp.

one from another country, with the intent to hold the

person captive or exploit the person for labor, services,

or body parts. _ Human-trafficking offenses include

forced prostitution, forced marriages, sweat-shop

labor, slavery, and harvesting organs from unwilling

donors. Also termed trafficking in persons. Cf.

PEOPLE-SMUGGLING;. organ trafficking.

organ trafficking. Illegal trafficking in human body

parts, esp. transplantable organs that are offered to

the highest bidder or that have been harvested without

the consent of the donor or the donor's next of kin.

_ In international law, organ trafficking is broadly

included in the offense ofhuman trafficking. - Also

termed trafficking in persons. Cf. human trafficking.

trafficking in persons.!. See human trafficking. 2. See

organ trafficking.

trafficking in persons. See TRAFFICKING.

transaction, n. (17c) 1. The act or an instance of conducting

business or other dealings; esp., the formation,

performance, or discharge of a contract. 2. Something

performed or carried out; a business agreement

or exchange. 3. Any activity involving two or more

persons. 4. Civil law. An agreement that is intended

by the parties to prevent or end a dispute and in which

they make reciprocal concessions. La. Civ. Code art.

3071. transactional, adj.