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VOTE : Suffrage; the expression of his will, preference, or choice, formally mani- fested by a member of a legislative or deliberative body, or of a constituency or a body of qualified electors, in regard to the decision to be made by the body as a whole upon any proposed measure or proceeding, or the selection of an officer or representative. And the aggregate of the expressions of will or choice, thus manifested by individuals, is called tlie "vote of the body." See Maynard v. Board of Canvassers, 84 Midi. 228, 47 N. W. 756, 11 L. R. A. 332; Gillespie v. Palmer, 20 Wis. 546; Davis v. Brown, 46 W. Va. 716, 34 S. E. 839.

VOLUNTARY LEAVE : Leave of absence begun by an employee.

VERTICAL MANAGEMENT : Organizational structure where information passes from top levels of management down through the lower levels and little is passed back up. Also known as top down management.

VOIDED CHECK : Cheese made null and void for any reason.

VARIANCE : In pleading and practice. A discrepancy or disagreement between two instruments or two steps iu the same cause, which ought by law to be entirely consonant Thus, if the evidence adduced by the plaintiff does not agree with the allegations of his declaration, it is a variance; and so if the stateuieut of the cause of action in the declaration does not coincide with that given in the writ See Keiser v. Topping, 72 Hi. 229; Mulligan v. U. S., 120 Fed. 98, 56 C. C. A. 50; Bank of New Brunswick v. Arrowsmith, 9 N. J. Law, 287; Skinner v. Grant, 12 Vt 462; State v. Wadsworth, 30 Conn. 57.

VALVASORS, or VIDAME : An obsolete title of dignity next to a peer. 2 Inst. 667; 2 Steph. Comm. 612. Vans est ilia potentia quae nunquam venit in actum. That power is vain [idle or useless] which never comes into action, [which is never exercised.] 2 Coke, 51. Vani timores sunt aestimandi, qui non cadnnt in constantem virum. Those are to be regarded as idle fears which do not affect a steady [firm or resolute] man. 7 Coke, 27. Vani timoris justa excusatio non ut, A frivolous fear is not a legal excuse. Dig. 50, 17, 184; 2 Inst 483.

VARIABLE ANNUITY : An annuity where premiums are used to purchase accumulation units. The value of the units are variable reflecting the value of the portfolio. When they reach payout they are turned into a fixed number and paid.

VEXATIOUS : A proceeding is said to be vexatious when the party bringing it is uot acting bona fide, and merely wishes to annoy or embarrass his opponent, or when it is not calculated to lead to any practical result. Such a proceeding is often described as "frivolous and vexatious," and the court may stay it on that ground. Sweet.

VENUE : In pleading and practice. A neighborhood; the neighborhood, place, or county in which an injury is declared to have been doue, or fact declared to have hap- pened. 3 Bl. Comm. 204. Venue also denotes the county in which an action or prosecution is brought for trial, and which is to furnish the panel of jurors. To "change the venue" is to transfer the cause for trial to another county or district. See Moore v. Gardner. 5 How. Prac. (N. Y.) 243; Armstrong v. Emmet, 10 Tex. Civ. App. 242. 41 S. W. 87; Sullivan v. Hall, SO Mich. 7, 48 N. W. 010, 13 L. R. A. 550; State v. McKinney, 5 Nev. 108. In the common-law practice, the venue is that part of the declaration in an action which designates the county in which the action is to be tried. Sweet.

VOLUNTARY REDUNDANCY : Accepting termination of employment by the employer based on terms offered to the employee.

VETO : Lat. I forbid. Tlie veto-power Is a power vested in the executive officer of some governments to declare bis refusal to assent to any bill or measure wbich has been passed by the legislature. It is either absolute or qualified, according as the effect of its exercise is either to destroy the bill finally, or to prevent its becoming law unless again passed by a stated proportion of votes or with other formalities. Or the veto may be merely suspensive. See People v. Board of Councilmen (Super. Buff.) 20 N. Y. Supp. 51.

VERIFY : To confirm or substantiate by oath ; to show to be true. Particularly used of making formal oath to accouuts, petitions, pleadings, and other papers. The word "verify" sometimes means to confirm and substantiate by oath, and some- times by argument. When used in legal proceedings it is generally employed In the former sense. De Witt v. Hosmer, 3 IIow. Prac. (N. Y.) 284. Veritas, a qnocnnque dicitnr, a Deo est. 4 Inst. 153. Truth, by whomsoever pronounced, is from God. Veritas demonstrationis tollit errorem nominis. The truth of the description removes an error in the name. 1 Ld. Raym. 303. Veritas habenda est in jnratore; justitia et judicium in judice. Truth is the desideratum in a juror; justice and judgment in a judge. Bract, fol. 1856. Veritas nihil veretnr nisi abscond!. Truth fears nothing but to be hid. 9 Coke, 206. Veritas nimium altercando amittitur. Truth is lost by excessive altercation. Hob. 344. Veritas, quae minime defensatur op- primitnr; et qui non improbat, appro- bat.

VINDICTA : In Roman law. A rod or wand; and. from the use of that instrument in their course, various legal acts came to be distinguished by the term; e. g., one of the three ancient modes of manumission was by the v indict a; also the rod or wand inter- vened in the progress of the old action of vindicatio, whence the name of that action. Brown.

VENTRE INSPICIENDO : In old English law. A writ that lay for an heir presumptive, to cause an examination to be made of the widow in order to determine whether she were pregnant or not, in cases where she was suspected of a design to bring forward a suppositious heir. 1 Bl. Comm. 450.

VIDAME : In French feudal law. Originally, an officer who represented the bishop, as the viscount did the count. In process of time, these dignitaries erected their offices in- to fiefs, and became feudal nobles, such as the vidame of Chartres, Rheims, etc., continuing to take their titles from the seat of the bishop VIDE 1207 VIGOR whom they represented, although the lands held by virtue of their flefs might be situated elsewhere. Brande; Burrill.

VOLENS : Lat. Willing. He is said to be willing who either expressly consents or tacitly makes no opposition. Calvin. Volenti non fit injuria. He who Consents cannot receive au injury. Broom, Max. 268, 200, 271, 395; Shelf. Mar. & Div. 449; Wing. Max. 482; 4 Term It 657. Voluit, sed non dixit. lie willed, but he did not say. He may have intended so, but he did not say so. A maxim frequently used in the construction of wills, in answer to arguments based upon the supposed intention of a testator. 2 Pow. Dev. 625; 4 Kent Comm. 538.

VACATIO : Lat In the civil law. Exemption ; immunity; privilege; dispensation; exemption from the burden of office. Calvin.

VACANCY RATE : Percept of all units that can be occupied but are not currently occupied.

VACATE : To annul; to cancel or rescind ; to render an act void; as, to vacate an entry of record, or a judgment

VACANT POSSESSION : See POSSESSION.

VA LOAN : Mortgage loan available to veterans of US Armed Forces.

VACANCY FACTOR : Gross loss of income from an untenanted property available for lease.

VALE : In Spanish law. A promissory note. White, New Recop. b. 3, tit. 7, c. 5,

VADIARE DUEEEUM : L. Lat. In old English law. To wage or gage the duellum; to wage battel; to give pledges mutually for engaging in the trial by combat.

VALID : Of binding force. A deed, will, or other instrument, which has received all the formalities required by law, is said to be valid.

VALIDATING STATUTE : a law that will correct, add to or alter or delete material from a previous law and makes the amended law valid.

VACATION OF AWARD : the term that means to set aside an arbitration award.

VALENCE : Positive or negative psychological value assigned by one person to another, event, job, outcome etc., based on its attractiveness to him.

VACATUR : Lat Let it be vacated. In practice, a rule or order by which a proceeding is vacated; a vacating.

VACATURA : An avoidance of an ecclesiastical benefice. Cowell.

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