GOING TO THE COUNTRY

going to the country.Hist. The act of requesting a jury trial. • A defendant was said to be “going to the country” by concluding a pleading with the phrase “and of this he puts himself upon the country.” Similarly, a plaintiff would conclude a pleading with the phrase “and this the plaintiff prays may be…

Read More

GOING THROUGH THE BAR

going through the bar.Hist. A daily process in which the court would ask all barristers present whether they had motions to present. • This practice, which ended in 1873, was conducted according to seniority, except for the last day of a term, when the junior barristers were asked first. [Blacks Law 8th]

Read More

GOING PUBLIC

going public.The process of a company’s selling stock to the investing public for the first time (after filing a registration statement under applicable securities laws), thereby becoming a public corporation. [Cases: Securities Regulation 11.10–11.14. C.J.S. Securities Regulation §§ 8, 35–39, 45, 63.] [Blacks Law 8th]

Read More

GOING PRIVATE

going private.The process of changing a public corporation into a close corporation by terminating the corporation’s status with the SEC as a publicly held corporation and by having its outstanding publicly held shares acquired by a single shareholder or a small group. [Cases: Securities Regulation 60.23.] [Blacks Law 8th]

Read More

GOING PRICE

  going price,n. The prevailing or current market value of something. See fair market value under VALUE(2). . [Blacks Law 8th]

Read More

GOING CONCERN

going concern.A commercial enterprise actively engaging in business with the expectation of indefinite conti-nuance. — Also termed going business. [Blacks Law 8th]

Read More

GOING-AND-COMING RULE

going-and-coming rule. 1. The principle that torts committed by an employee while commuting to or from work are generally outside the scope of employment. [Cases: Master and Servant 302.] 2. The principle that denies workers’-compensation benefits to an employee injured while commuting to or from work. [Cases: Workers’ Compensation 719–755. C.J.S. Workmen’s Compensation §§ 431–432,…

Read More

GO HENCE WITHOUT DAY

go hence without day.(Of a defendant to a lawsuit) to be finished with legal proceedings without any further settings on the court’s calendar. • Thus, a defendant who “goes hence without day” succeeds in getting a case finally resolved, usu. by dismissal. The phrase derives from the Law French phrase aller sans jour, and over…

Read More