order

A mandate; precept; command or direction authoritatively given; rule or regulation. Brady v. Interstate Commerce Commission, D.C.W.Va., 43 F.2d 847, 850.

Direction of a court or judge made or entered in writing, and not included in a judgment, which determines some point or directs some step in the proceedings. An application for an order is a motion. In commercial law, a designation of the person to whom a bill of exchange or negotiable promissory note is to be paid. An "order" is a direction to pay and must be more than an authorization or request. It must identify the person to pay with reasonable certainty. It may be addressed to one or more such persons jointly or in the alternative but not in succession. U.C.C. No. 3-102(l)(b).

With respect to documents of title, is a direction to deliver goods to a specified person or to his or her order. Term is also used to designate a rank, class, or division of men; as the order of nobles, order of knights, order of priests, etc.

See also appealable order

- back order

- decision

- decree

- executive order

- intermediate order

- judgment

- limit order

- payable to order

- percentage order

- restraining order.

@ day order

Order from a customer to a broker to buy or sell a security on the particular day and such order is automatically cancelled at the end of that day.

+ day order

An order to buy or sell a security or commodity on a particular day and if such sale does not take place, the order expires

@ decretal order

/dakriytal ordar/

In chancery practice, an order made by the court of chancery, in the nature of a decree, upon a motion or petition. An order in a chancery suit made on motion or otherwise not at the regular hearing of a cause, and yet not of an interlocutory nature, but finally disposing of the cause, so far as a decree could then have disposed of it.

+ decretal order

A preliminary order that determines no question upon the merits and establishes no right

@ discretionary order

An order from a customer to a broker to sell a security at a price deemed acceptable by the broker.

@ final order

One which either terminates the action itself, or finally decides some matter litigated by the parties, or operates to divest some right; or one which completely disposes of the subject-matter and the rights of the parties.

See also final decision rule.

+ final order

One which terminates the litigation between the parties and the merits of the case and leaves nothing to be done but to enforce by execution what has been determined. Richerson v. Jones, C.A.Pa., 551 F.2d 918, 921.

See also final decision or judgment

@ general orders

Orders or rules of court, promulgated for the guidance of practitioners and the regulation of procedure in general, or in some general branch of its jurisdiction; as opposed to a rule or an order made in an individual case. General orders have generally been replaced by rules of court. Interlocutory order. An order which decides not the cause, but only settles some intervening matter relating to it or affords some temporary relief (e.g. temporary restraining order).

@ limit order

An order from a customer to a broker in which the customer places a lower limit on the price at which the security may be sold and a ceiling on the price at which the security may be bought.

+ limit order

Requests by customers to purchase or sell securities at the market price existing when the order reaches the exchange floor. A restriction on the sale or purchase of a security placed by a customer with a broker, limiting the price at which the customer is willing to buy or sell

@ market order

An order from a customer to a broker to buy or to sell a security at the market price then prevailing and hence the order must be executed promptly.

+ market order

An order to buy or sell on a stock or commodity exchange at the current (best) price when the order reaches the floor of the exchange. Requests by customers to purchase or sell securities at the market price existing when the order reaches the exchange floor

@

- money order

@ open order

An order from a customer to a broker to buy or to sell a security and the order remains in force until it is either executed or cancelled by the customer.

+ open order

An order to buy securities or commodities at or below or above a certain price and such order remains viable until canceled by the customer

@ restraining order

An order which may issue upon the filing of an application for an injunction forbidding the defendant to do the threatened act until a hearing on the application can be had. Though the term is sometimes used as a synonym of "injunction," a restraining order is properly distinguishable from an injunction, in that the former is intended only as a restraint upon the defendant until the propriety of granting an injunction, temporary or perpetual, can be determined, and it does no more than restrain the proceedings until such determination. Fed.R. Civil P. 65.

+ restraining order

An order in the nature of an injunction which may issue upon filing of an application for an injunction forbidding the defendant from doing the threatened act until a hearing on the application can be had. It is distinguishable from an injunction, in that the former is intended only as a restraint until the propriety of granting an injunction can be determined and it does no more than restrain the proceeding until such determination. Such an order is limited in its operation, and extends only to such reasonable time as may be necessary to have a hearing on an order to show cause why an injunction should not issue. Guardian Life Ins. Co. of America v. State Bd. of Equalization, 134 Mont. 526, 335 P.2d 310, 311.

See also injunction

- order

- restraining order

- temporary restraining order.

@ speaking order

An order which contains matter which is explanatory or illustrative of the mere direction which is given by it is sometimes thus called.

@ stop order

Order to stockbroker to wait until the market price of the particular security reaches a specified figure, and then to "stop" the transaction by either selling or buying, as the case may be, as well as possible.

+ stop order

An order to buy securities at a price above or sell at a price below the current

Stop buy orders are generally used to limit loss or protect unrealized profits on a short sale.

Stop sell orders are generally used to protect unrealized profits or limit loss on a holding.

A stop order becomes a market order when the stock sells at or beyond the specified price and, thus, may not necessarily be executed at that price.

See also stop payment order

@ stop payment order

Order from the drawer of a check to the drawee bank to stop payment on a check which has been drawn and given to the payee or lost

+ stop payment order

A customer's demand to a payor bank that the bank dishonor a check payable for the customer's account.

See U.C.C. No. 4-403

@ order bill of lading

A negotiable bill of lading directing that the goods be delivered to the person named or his order upon indorsement.

@ order document

A document of title that runs to a named person, either because the document was so issued or because the document was specially indorsed, which can therefore be negotiated only by the named person indorsing it.

See U.C.C. No. 7-50K1H3)

@ order instrument

A negotiable instrument that is payable to order either because the instrument was so issued, or because the instrument was specially indorsed.

See U.C.C. No.No. 3-110 (when instruments originally payable to order); 3-204(1)

@ order nisi

A provisional or conditional order, allowing a certain time within which to do some required act, on failure of which the order will be made absolute

@ Order of Coif

See Coif

@ order of filiation

An order made by a court or judge having jurisdiction, fixing the paternity of a child born out of wedlock upon a given man, and requiring him to provide for its support

@ order paper

A negotiable instrument which is payable to a specific payee or to any person the payee, by his or her indorsement, designates.

See U.C.C. No. 3-104(lXd); No. 3-110.

See also order document

- order instrument

@ orders

The directions as to the course and purpose of a voyage given by the owner of the vessel to the captain or master.

For other meanings, see order

@ order to show cause

See show cause order

@