BY glossary terms

Browse full definitions for every BY term in the Amicus glossary.

By

/baɪ/

Definitions

  1. (prep.) Indicating the agent performing an action, especially in passive constructions.
    The contract was signed by the parties involved.
  2. (prep.) Indicating the means or instrumentality by which something is done.
    Evidence was delivered by electronic mail.
  3. (prep.) Indicating proximity or position near or next to something.
    The property is located by the river.
  4. (adv.) Indicating a method or manner in which something occurs or is accomplished.
    The case was decided by default.

Commentary

The preposition 'by' is frequently used to denote agency or means in legal drafting, especially in passive voice. Clear usage helps specify responsibilities and modes of action.


By Virtue of Office

/ˈbī ˈvərCHo͞o əv ˈəfəs/

Definitions

  1. (adv. phr.) By reason of holding a certain office or official position, conferring a particular authority or duty.
    The judge acts by virtue of office, deriving power from his official role.

Forms

  • by virtue of office

Commentary

Typically used to indicate powers or duties that arise automatically from an official position without additional authorization.


By-Law

/ˈbaɪˌlɔː/

Definitions

  1. (n.) A rule or regulation enacted by a corporation, association, or local government to regulate its own affairs.
    The company's by-law requires annual meetings of the board.
  2. (n.) A local law passed by a municipal authority governing matters not covered by statute.
    The city council passed a by-law prohibiting parking on sidewalks.

Forms

  • by-law
  • by-laws

Commentary

By-laws typically govern internal management; drafters should ensure clarity between statutory and internal regulatory by-laws.


Bylaw

/ˈbaɪˌlɔː/

Definitions

  1. (n.) A rule or regulation enacted by a corporation, organization, or local authority to govern its internal affairs.
    The company updated its bylaws to include remote meeting provisions.
  2. (n.) A municipal law or local ordinance enacted by a local government.
    The city council passed a bylaw restricting parking on residential streets.

Forms

  • bylaws

Commentary

Bylaws typically govern internal operations of a private entity or local rules; distinguish from statutes which are laws passed by legislatures.


Bystander

/ˈbɪstændər/

Definitions

  1. (n.) A person present at an event or incident who is not directly involved but may have legal relevance.
    The bystander witnessed the accident but did not intervene.

Forms

  • bystanders

Commentary

In legal contexts, a bystander may be relevant in tort law or criminal law to establish witness testimony or duty of care issues.


Bystander Effect

/ˈbɪstændər ɪˈfɛkt/

Definitions

  1. (n.) A social-psychological phenomenon where individuals are less likely to offer help to a victim when other people are present, impacting legal responsibility assessments in cases of duty to assist.
    The defendant argued that the bystander effect explained why no one intervened during the incident, affecting liability considerations.

Forms

  • bystander effects

Commentary

Important in assessing bystander liability and the scope of legal duties to act in emergencies.

Glossary – BY Terms