in mitiori sensu (in mish-ee-or-Isens-[y]oo), adv. [Law Latin] In a milder or more favorable sense. • This phrase appeared as part of the former rule applied in slander actions. A word capable of two meanings would be given the one more favorable to the defendant. Cf. INNOCENT-CONSTRUCTION RULE. [Cases: Libel and Slander 19. C.J.S. Libel […]
A single objection to all the questions in a given line of questioning. • A judge may allow a lawyer to make a continuing objection when the judge has overruled an objection applicable to many questions, and the lawyer wants to preserve the objection for the appellate record. — Also termed running objection. [Cases: Criminal
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concerted refusal to deal. Antitrust. An agreement between two or more persons or firms to not do business with a third party. • The parties to the agreement may or may not be competitors. Concerted refusals to deal may violate § 1 of the Sherman Act and are analyzed under either the per se rule
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legal formalism, n. The theory that law is a set of rules and principles independent of other political and social institutions. • Legal formalism was espoused by such scholars as Christopher Columbus Langdell and Lon Fuller. Cf. LEGAL REALISM. — legal formalist, n.
captive-audience doctrine. 1. Constitutional law. The principle that when the listener cannot, as a practical matter, escape from intrusive speech, the speech can be restricted. [Cases: Constitutional Law 90. C.J.S. Constitutional Law §§ 539, 542.] 2. Labor law. The rule that prohibits either party to a union election from making a speech on company time
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nonrecognition provision. Tax. A statutory rule that allows all or part of a realized gain or loss not to be recognized for tax purposes. • Generally, this type of provision only postpones the recognition of the gain or loss. See RECOGNITION(4).
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practical finality. The situation in which a court order directs immediate delivery of physical property, subjecting the losing party to irreparable harm if an immediate appeal were not possible. • Practical finality provides an exception to the usual rule that interlocutory orders are not appealable. See FINALITY DOCTRINE.
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ethical consideration. (often cap.) An aspirational goal or principle intended to guide a lawyer’s professional conduct. • A lawyer’s violation of these considerations (which are contained in the Model Code of Professional Responsibility) does not necessarily subject the lawyer to discipline. — Abbr. EC. Cf. DISCIPLINARY RULE. [Cases: Attorney and Client 32. C.J.S. Attorney and
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novelty. 1. Trade secrets. The newness of information that is generally unused or unknown and that gives its owner a competitive advantage in a business field. • In the law of trade secrets, novelty does not require independent conception or even originality. A rediscovered technique with marketable applications can qualify as a novelty and be
Klaxon doctrine (klak-s[schwa]n).Conflict of laws. The principle that a federal court exercising diversity jurisdiction must apply the choice-of-law rules of the state where the court sits. • In Klaxon Co. v. Stentor Elec. Mfg. Co., the Supreme Court extended the rule of Erie v. Tompkins to choice-of-law issues. 313 U.S. 487, 61 S.Ct. 1020 (1941).