ordinary

1. noun

At common law, one who had exempt and immediate jurisdiction in causes ecclesiastical. Also a bishop; and an archbishop is the ordinary of the whole province, to visit and receive appeals from inferior jurisdictions. Also a commissary or official of a bishop or other ecclesiastical judge having judicial power; an archdeacon; officer of the royal household. In American law, a judicial officer, in several of the states, clothed by statute with powers in regard to wills, probate, administration, guardianship, etc.

See also Court of Ordinary.

Former term for a public house where food and lodging were furnished to the traveler and his beast, at fixed rates, open to whoever may apply for accommodation, and where intoxicating liquor was sold at retail. In the civil law, a judge who has authority to take cognizance of causes in his own right, and not by deputation

2. adj

Regular; usual; normal; common; often recurring; according to established order; settled; customary; reasonable; not characterized by peculiar or unusual circumstances; belonging to, exercised by, or characteristic of, the normal or average individual.

As to ordinary care

- ordinary diligence

- ordinary negligence, see those titles

@ ordinary and necessary expenses

The phrase "ordinary and necessary expenses", as found in business deduction section of Internal Revenue Code, implies that the expenses are reasonable and bear proximate relation to management of property held for production of income. National Can Corp. v. U.S., D.C.I1L, 520 F.Supp. 567, 579.

"Ordinary" means normal and expected and "necessary" means appropriate and helpful. McCabe v. C.I.R., C.A.2, 688 F.2d 102, 105.

For an item to qualify as an "ordinary and necessary expense" deductible under Internal Revenue Code section, five requirements must be met: item must be paid or incurred during taxable year, must be for carrying on any trade or business, must be an expense, must be necessary, and must be ordinary. Iowa-Des Moines Nat. Bank v. C.I.R., C.A.8, 592 F.2d 433, 435.

See also necessary expenses; and ordinary expenses, below

@ ordinary calling

Those things which are repeated daily or weekly in the course of business

@ ordinary care

That degree of care which ordinarily prudent and competent person engaged in same line of business or endeavor should exercise under similar circumstances, and in law means same as "due care" and "reasonable care." Warner v. Kiowa County Hospital Authority, Okl.App., 551 P.2d 1179, 1188.

That care which reasonably prudent persons exercise in the management of their own affairs, in order to avoid injury to themselves or their property, or the persons or property of others. Ordinary care is not an absolute term, but a relative one. Thus, in deciding whether ordinary care was exercised in a given case, the conduct in question must be viewed in the light of all the surrounding circumstances, as shown by the evidence in the case.

See also care

+ ordinary care

Ordinary care is that degree of care which persons of ordinary care and prudence are accustomed to use and employ, under the same or similar circumstances. Or it is that degree of care which may reasonably be expected from a person in the party's situation, that is, reasonable care.

See also ordinary

@ ordinary course of business

The transaction of business according to the common usages and customs of the commercial world generally or of the particular community or (in some cases) of the particular individual whose acts are under consideration. Term used in connection with sales made by a merchant as part of his regular business and in contrast with a sale in bulk which is regulated by statute, e.g. U.C.C. No. 6-102(1). In general, any matter which transpires as a matter of normal and incidental daily customs and practices in business

@ ordinary dangers incident to employment

Those commonly and usually pertaining to and incident to it, which a reasonably prudent person might anticipate, and do not include danger by acts of negligence, unless habitual and known to the servant

@ ordinary expenses

Common and accepted in the general business in which the taxpayer is engaged. It comprises one of the tests for the deductibility of normal and expected expenses incurred or paid in connection with a trade or business; for the production or collection of income; for the management, conservation, or maintenance of property held for the production of income; or in connection with the determination, collection, or refund of any tax. I.R.C. No. 162(a).

See also necessary expenses; and ordinary and necessary expenses, above

@ ordinary income

As tax term used in connection with a business, means earnings from the normal operations or activities of a business. In terms of an individual, ordinary income is income from such sources as wages, commissions, interest, etc.

@ ordinary loss

A loss on the sale or exchange of an item used in a trade or business which is not considered a capital asset. In taxation, ordinary losses reduce ordinary income such as; salaries, interest, etc., while capital losses serve to reduce capital gains and those in excess of capital gains may reduce ordinary income up to a certain amount

@

- ordinary negligence

@ ordinary persons

Men of ordinary care and diligence in relation to any particular thing

@ ordinary proceeding

Such a proceeding as was known to the common law and was formerly conducted in accordance with the proceedings of the common-law courts, and as is generally known under the current Rules of Civil Procedure and Codes to be such a proceeding as is started by the issuance of a summons, and results in a judgment enforceable by execution

@ ordinary repairs

Such as are necessary to make good the usual wear and tear or natural and unavoidable decay and keep the property in good condition

Compare improvements

@ ordinary risks

Those incident to the business, and do not imply the result of the employer's negligence. The expression "extraordinary risks" is generally used to describe risks arising from the negligence of the employer, and they are generally held not to be assumed unless known or obvious

@ ordinary seaman

A sailor who is capable of performing the ordinary or routine duties of a seaman, but who is not yet so proficient in the knowledge and practice of all the various duties of a sailor at sea as to be rated as an "able" seaman.

@ ordinary services

Ordinary services of administrators include all the services incident to the closing and distribution of an estate, and not merely the receiving and disbursing of the funds and to justify an allowance of further compensation the administrator must have rendered services of an extraordinary character necessary to the protection of the estate, and, if he employs another to perform services which he is required to perform under the law, he cannot charge such services as an expense of administration.

@ ordinary skill in an art

That degree of skill which men engaged in that particular art usually employ; not that which belongs to a few men only, of extraordinary endowments and capacities

@ ordinary written law

Law made, within constitutional restrictions, by the Legislature; i.e. statutes

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