Coming from another; taken from something preceding; secondary. That which has not its origin in itself, but owes its existence to something foregoing. Anything obtained or deduced from another
@ derivative action
A suit by a shareholder to enforce a corporate cause of action. The corporation is a necessary party, and the relief which is granted is a judgment against a third person in favor of the corporation. Price v. Gurney, Ohio, 324 U.S. 100, 65 S.Ct. 513, 516, 89 L.Ed. 776.
An action is a derivative action when the action is based upon a primary right of the corporation, but is asserted on its behalf by the stockholder because of the corporation's failure, deliberate or otherwise, to act upon the primary right. Lehrman v. Godebaux Sugars, 207 Misc. 314, 138 N.Y.S.2d 163, 168.
Procedure in such actions in federal courts is governed by Fed.R. Civil P. 23.1. Most states also have similar procedural rules or statutes for such actions. Term is also used in reference to actions based on injury to another; e.g., action for loss of consortium by husband against third person for injuries to wife.
See consortium; also, derivative liability
@ derivative contraband
Items of property not otherwise illegal but subject to forfeiture according to use to which they are put. Kane v. McDaniel, D.C.Ky., 407 F.Supp. 1239, 1242
@ derivative conveyances
Conveyances which presuppose some other conveyance precedent, and only serve to enlarge, confirm, alter, restrain, restore, or transfer the interest granted by such original conveyance. They are releases, confirmations, surrenders, assignments, and defeasances. 2 Bl.Comm. 324
@ derivative evidence
Evidence which is derived or spawned from other illegally obtained evidence is inadmissible because of the primary taint.
See fruit of poisonous tree doctrine
@ derivative jurisdiction doctrine
Under this doctrine, a case is not properly removable unless it is within the subject matter jurisdiction of the state court from which it is removed. Harvey v. Price, D.C.I11., 603 F.Supp. 1205, 1207
@ derivative liability
There are two distinct categories of "derivative liability": in the first category is the action which a plaintiff may institute to redress a wrong done to another; in the second category is the action which a plaintiff may institute to redress a wrong done to himself which is proximately caused by a wrong done to another. Garfield v. U.S., D.C.Wis., 297 F.Supp. 891, 900.
See also derivative action
@ derivative title
The common-law principle, codified repeatedly in the U.C.C., that a transferee of property acquires only the transferor's rights therein
@ derivative tort
Tort liability may be imposed on a principal for wrong committed by agent and to this extent the principal's liability is derivative.
See also derivative liability
@ derivative work
Under the copyright law, a work based on a pre-existing work, such as a translation, musical arrangement, fictionalization, motion picture version, abridgment or any other form in which a work may be recast, transformed or adapted, is a derivative work. Only the holder of copyright in the underlying work (or one acting with his permission) may prepare a derivative work. The preparation of such a work by any other party constitutes infringement.
See Copyright Act, 17 U.S.C.A. No. 101

Black's law dictionary. . 1990.


Look at other dictionaries:

  • derivative — de·riv·a·tive 1 /də ri və tiv/ n: a contract or security that derives its value from that of an underlying asset (as another security) or from the value of a rate (as of interest or currency exchange) or index of asset value (as a stock index) ◇… …   Law dictionary

  • Derivative — De*riv a*tive, a. [L. derivativus: cf. F. d[ e]rivatif.] Obtained by derivation; derived; not radical, original, or fundamental; originating, deduced, or formed from something else; secondary; as, a derivative conveyance; a derivative word. [1913 …   The Collaborative International Dictionary of English

  • Derivative — De*riv a*tive, n. 1. That which is derived; anything obtained or deduced from another. [1913 Webster] 2. (Gram.) A word formed from another word, by a prefix or suffix, an internal modification, or some other change; a word which takes its origin …   The Collaborative International Dictionary of English

  • derivative — [adj] borrowed, transmitted from source acquired, ancestral, caused, cognate, coming from, connate, copied, evolved, hereditary, imitative, inferential, inferred, not original, obtained, plagiaristic, plagiarized, procured, rehashed, secondary,… …   New thesaurus

  • derivative — ► ADJECTIVE 1) chiefly derogatory imitative of the work of another artist, writer, etc. 2) (of a financial product) having a value deriving from an underlying variable asset. ► NOUN 1) something which is derived from another source. 2) a… …   English terms dictionary

  • derivative — [də riv′ə tiv] adj. [ME derivatif < LL derivativus < L derivatus, pp. of derivare: see DERIVE] 1. derived 2. using or taken from other sources; not original 3. of derivation n. 1. something derived 2 …   English World dictionary

  • derivative — early 15c. (adj.); mid 15c. (n.), from M.Fr. dérivatif (15c.), from L.L. derivativus, from pp. stem of L. derivare (see DERIVE (Cf. derive)). Mathematical sense is from 1670s …   Etymology dictionary

  • Derivative — This article is an overview of the term as used in calculus. For a less technical overview of the subject, see Differential calculus. For other uses, see Derivative (disambiguation) …   Wikipedia

  • derivative — derivatively, adv. derivativeness, n. /di riv euh tiv/, adj. 1. derived. 2. not original; secondary. n. 3. something derived. 4. Also called derived form. Gram. a form that has undergone derivation from anoth …   Universalium

  • derivative — [[t]dɪrɪ̱vətɪv[/t]] derivatives 1) N COUNT A derivative is something which has been developed or obtained from something else. ...a poppy seed derivative similar to heroin... This isn t an entirely new car, but a new derivative of the Citroen XM …   English dictionary

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