Is there a legal definition of African-American in the US?

Legal vs. semantic definition of "best"

• Semantically, the word "best" implies at least three options (as the word "better" impliest comparison between two). I'm interested in how the legal definition of "best" may differ from literary semantics - my understanding from lawyer family members is that "best" can refer to situations in which fewer than three options exist. Such as municipalities required to choose the "best" bid for contract when only one or two bids are submitted, a contest offering a prize to the "best" entrant when only one or two people enter, etc. I am interested in cases where the definition of "best" was challenged in these types of situations, and the ultimate ruling.

• Answer:

  addisonbr-ga, This turned out to be an unusually interesting exploration through legal la-la land. The question of what is meant by "best" does indeed arise in a number of different legal settings, and I've reviewed some of the key cases below. However, I saw no information at all -- or even a hint of such information -- to suggest that the question of two-vs-three-or-more as a criteria for defining best has ever been addressed by the courts. Of course, most court cases never even make it into legal databases, so it's certainly possible that somewhere, in some county clerk's file drawer, there is a case that is directly on this topic. But as far as major precedent-setting cases that make the databases, there is nothing I could see on this. It might be best to start off with a definition for 'best' which you can see here: http://www.answers.com/best&r=67 In part, the definition says: best adj. Superlative of good. --Surpassing all others in excellence, achievement, or quality; most excellent: the best performer; the best grade of ore. --Most satisfactory, suitable, or useful; most desirable: the best solution; the best time for planting. --Greatest; most: He spoke for the best part of an hour. --Most highly skilled: the best doctor in town. There is also a usage note included" "USAGE NOTE According to a traditional rule of grammar, better, not best, should be used in comparisons between two things: Which house of Congress has the better attendance record? This rule is often ignored in practice, but it still has many devoted adherents. In certain fixed expressions, however, best is used idiomatically for comparisons between two: Put your best foot forward. May the best team win!" This last example probably makes the point as 'best' as could be made. We often say, "May the best man win" or similar such phrases, without any semantic requirement for a contest between more than two men or teams or whatever. In other words, everyday language is already fairly comfortable with using 'best' to compare only two entities, despite the common usage 'rule' that says it should apply to three or more. Moreover, there is nothing in the dictioinary definitions that would lead one to restrict the use of 'best' to comparisons ONLY of three or more things. With that as background, let's look at a few cases: =============== [this contract dispute revolved around the meaning of 'best efforts' -- you'll see that there's no mention fo 2-vs-3-or-more. I've provided fairly extensive excerpts so you can see how the terms were discussed in context...but be warned!...it can get boring pretty quickly] US AIRWAYS GROUP, INC. and US AIRWAYS, INC., Plaintiffs, -against- BRITISH AIRWAYS PLC, BRITAIR ACQUISITION CORP. INC., AMR CORPORATION and AMERICAN AIRLINES, INC., Defendants. 96 Civ. 5724 (MGC) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 989 F. Supp. 482 December 29, 1997, Decided A. Breach of Contract ...USAir asserts a breach of contract claim against BA. USAir alleges that BA breached the Investment Agreement by failing to use its "best efforts" to obtain DoT approval for Phases Two and Three ... ...The "best efforts" provision of the Investment Agreement, Section 2.6(c), provides in relevant part that BA must "use best efforts to obtain, at the earliest practicable date, DOT Approval of all of the transactions and acts contemplated by [the Investment] Agreement." (Am. Compl. P 31.) USAir argues that BA breached this provision of the Investment Agreement when it chose to discourage [*491] rather than to seek liberalization of Bermuda II, which under the circumstances was understood by all parties as part of the duty to seek DoT approval. ...BA argues that the "best efforts" provision of the Investment Agreement is unenforceable because the Investment Agreement does not provide objective criteria by which to measure performance. USAir argues that the factual circumstances surrounding the Investment Agreement give meaning to the "best efforts" provision, and that under the circumstances the duty to use "best efforts" in seeking DoT approval required BA to seek liberalization of Bermuda II... ...Under New York law, a contract need not explicitly define "best efforts" for its "best efforts" provision to be enforceable. See Bloor v. Falstaff Brewing Corp., 454 F. Supp. 258, 266-67 (S.D.N.Y. 1978), aff'd, 601 F.2d 609, 613 n.7, 614 (2d Cir. 1979). See also, e.g., Pfizer Inc v. PCS Health Sys., Inc., 234 A.D.2d 18, 19, 650 N.Y.S.2d 164, 165 (1st Dep't 1996) (affirming injunction enforcing defendant's promise "to 'use its best efforts' to promote plaintiff's products and treat them in a 'favorable manner'"); Kroboth v. Brent, 215 A.D.2d 813, 814, 625 N.Y.S.2d 748, 749-750 (3d Dep't 1995) ...("best efforts" requires that a party pursue "all reasonable means for obtaining" the promised goal, and whether such an obligation has been fulfilled "will almost invariably . . . involve a question of fact"). ...Moreover, to the extent that the term "best efforts" in the Investment Agreement is ambiguous, and criteria by which to measure the parties' "best efforts" are lacking, the extrinsic circumstances concerning the parties' understanding of that term may be considered by the finder of fact. McDarren v. Marvel Entertainment Group, Inc., 1995 U.S. Dist. LEXIS 4649, 1995 WL 214482, *4-5 (S.D.N.Y. April [**24] 11, 1995). Accordingly, the precise meaning of the "best efforts" provision, and whether BA breached the provision, are factual issues that cannot be resolved on the face of the complaint. Id. =============== [another dispute regarding the meaning of 'best available price' and again, no requirement for three-or-more ] ROSE HALL, LTD., Plaintiff, v. CHASE MANHATTAN OVERSEAS BANKING CORPORATION and HOLIDAY INNS, INC., Defendants Civil Action No. 79-182 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE 576 F. Supp. 107 August 19, 1983 V. Liability of Defendant -- Cheap Sale ...CMOBC contends that there is no evidence in the record to support the jury's conclusion that Chase Jamaica obtained $1.5 million less than the best available price for the 3000 acres of land at issue... ...Plaintiff's main evidence as to the damages it suffered on the sale of the land was presented by the testimony of its expert Mr. R. O. P. ("Pat") McDaniel, chairman and managing director of the Jamaican real estate firm, C.D. Alexander & Co. McDaniel gave his [**116] opinion on the value of the land in a sale by either a subdivision of part of the land and sale by lots or a sale of the entire 3000 acres as a block. CMOBC argues there is an insufficiency of proof by attacking McDaniel's testimony as incompetent evidence of the best available price. .....CMOBC specifically raises [*159] four objections to the instructions...first, the instructions failed to advise the jury that fair market value was irrelevant; second, the instructions incorrectly defined best available price; .....CMOBC argues that "best available price" should have been defined as "the highest price the mortgagee actually could have obtained on the date of sale assuming it acted properly in selling the collateral." See Dkt. 631 (Judge Steel's Oct. 7, 1982 Opinion); Dkt. 667 (Judge Steel's Oct. 13, 1982 Order)... ...The jury was instructed that "best available price" means "the highest price that might have been obtained if the bank had acted properly in selling the collateral." (Dkt. 858, Tr. 15,520). .....Judge Steel defined [**191] best available price for the jury as "the highest price that might have been obtained if the bank had acted properly in selling the collateral." (Dkt. 858, Tr. 15,520). Finally, Judge Steel explained to the jury that the bank need not wait for an improvement in the market before selling the collateral of a loan in default; rather, the bank remains free to choose the time of sale in its own interest. (Dkt. 858, Tr. 15,520). ...Rose Hall argues that these instructions were erroneous for two related but distinct reasons: first, the instructions apply best available price to a "forced sale" of what Rose Hall terms excess collateral; and second, the construction of best available price fails to adequately consider what plaintiff charitably characterizes as the land's fair market value. =============== [here's a 'best efforts' case] JOHN J. MARTIN, ESQUIRE, TRUSTEE IN BANKRUPTCY v. MONUMENTAL LIFE INSURANCE CO.; MONUMENTAL GENERAL MASS MARKETING, INC.; MONUMENTAL GENERAL INSURANCE COMPANY; BANKERS UNITED LIFE ASSURANCE COMPANY; AEGON USA, INC.; MONUMENTAL GENERAL INSURANCE GROUP, INC.; John J. Martin, Esquire, Trustee in Bankruptcy, Appellant in No. 00-3307; Monumental General Insurance Group, Inc., Appellant in No. 00-3308 Nos. 00-3307 and 00-3308 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT 240 F.3d 223 January 23, 2001 ...The primary issue in this appeal concerns a dispute over the interpretation of and compliance with two words -- "best efforts" -- in a comprehensive written agreement between two sophisticated business entities, an insurance agency and its underwriter. ....."Best efforts" has been widely held to be an ambiguous contract term...The District Court defined "best efforts" by reference to good faith and sound business judgment. By excluding Agency's offer of extrinsic evidence, the District Court concluded that "best efforts" was not ambiguous and could be construed by reference to case law and surrounding facts. The District Court held that Monumental exercised its best business judgment in its marketing in the face of Agency's default. ============== [This entire case really boils down to a definition of 'best' as applied to 'best available technology' for reducing air pollution. However, nowhere in the case did I see any mention of two vs three or more as a necessary condition of using the word 'best' in a legal sense] SIERRA CLUB, PETITIONER v. DOUGLAS M. COSTLE, Administrator of the Environmental Protection Agency, RESPONDENT; NATIONAL COAL ASSOCIATION ALABAMA POWER COMPANY, ET AL., INTERVENORS Nos. 79-1565, 79-1719, 79-1867, 79-1874, 80-1187, 80-1201, 80-1213, 80-1338 UNITED STATES COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT 211 U.S. App. D.C. 336; 657 F.2d 298; April 29, 1981, Decided ...Congress amended the Clean Air Act in 1970 to require major new sources to meet performance standards reflecting the best system of adequately demonstrated emission reduction, cf. text at notes 82-83 infra (purposes and intended effect of NSPS reiterated in 1977 Amendments) ...The "standard of performance" defined in section 111(a) is required to "reflect the degree of emission limitation and the percentage reduction achievable through application of the best technological system of continuous emission reduction which ... the Administrator determines has been adequately demonstrated." 42 U.S.C. § 7411(a)(1). =============== [meaning of 'best use] ARCTIC KING FISHERIES, INC., Plaintiff, SEAFREEZE ALASKA LIMITED PARTNERSHIP, Intervening-Plaintiff, v. THE UNITED STATES, Defendant. No. 99-49C UNITED STATES COURT OF FEDERAL CLAIMS 59 Fed. Cl. 360 January 27, 2004 ...To be sure, for takings purposes, a property owner is entitled to have the fair market value be based upon the "highest and best use" of its property. See, e.g., Olson v. United States, 292 U.S. 246, 255, 78 L. Ed. 1236, 54 S. Ct. 704 (1934). And "highest and best use" has been defined as "'the reasonably probable and legal use of [property], which is physically possible, appropriately supported, financially feasible, and that results in the highest value,'" including those uses to which the property "'may be readily converted.'" Loveladies Harbor, Inc. v. United States, 21 Cl. Ct. 153, 156 (1990) (quoting United States v. Powelson, 319 U.S. 266, 275, 87 L. Ed. 1390, 63 S. Ct. 1047 (1943)); see also Bassett, New Mexico, LLC v. United States, 55 Fed. Cl. 63, 69 (2002). =============== [Lastly, this case seems to come closest to the example in your question, as it involves a decision as to which contractor offers the "best value" to the government. But again, there is no suggestion anywhere that choosing the best necessarily entails three or more comparisons] OVERSTREET ELECTRIC CO., INC., Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant, and WALLACE L. BOLDT GENERAL CONTRACTOR, INC., Defendant-Intervenor. No: 03-2510C UNITED STATES COURT OF FEDERAL CLAIMS 59 Fed. Cl. 99 December 19, 2003 ...The USAF specified this solicitation as a "competitive best value, single award acquisition utilizing Performance Price Trade-off (PPT) procedures." Id. at 62. This process permitted the selection authority to favor non-cost factors ahead of cost or price in selecting a particular offeror for the contract. See 48 C.F.R. 15.101-1(c) (2003). Section M of the solicitation, entitled EVALUATION CRITERIA, specified the criteria to be used in evaluating and ranking the bids. This section defines the criteria of "best value" as the: most advantageous offer, price and other factors considered, consistent with the Government's stated importance of evaluation criteria. This may result in [an] award being made to a higher-rated, higher priced offeror when the Contracting Officer determines that the past/present performance of the higher-priced offeror outweighs the price difference. To arrive at a best value decision, the Contracting Officer will integrate the evaluation of past performance and price. =============== I trust this provides you the information and perspective that you were after. But before rating this answer, please let me know if there's anything else you require. Just post a Request for Clarification to let me know, and I'm at your service. All the best, pafalafa-ga search strategy -- Google search on [ best ] and search of several legal databases for [ best NEAR define OR definition ]