Labor law. A doctrine prohibiting state and local regulation of activities that are actually or arguably (1) protected by the National Labor Relations Act’s rules relating to the right of employees to organize and bargain collectively, or (2) prohibited by the National Labor Relations Act’s provision that governs unfair labor practices. San Diego Bldg. Trades […]
temporary-cessation-of-production doctrine. Oil & gas. The rule that an oil-and-gas lease term “for so long thereafter as oil and gas are produced” will not terminate once production is attained unless the cessation of production is for an unreasonable length of time. See CESSATION-OF-PRODUCTION CLAUSE.
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code of war. Legal rules that regulate international armed conflict. • A code of war may arise from many sources, including custom, treaties, scholarly writings, and domestic legislation. One of the earliest known treatises on rules governing the conduct of war was written by Sun Tzu in the 4th century B.C.
deconstruction, n. In critical legal studies, a method of analyzing legal principles or rules by breaking down the supporting premises to show that these premises might also advance the opposite rule or result. — Also termed trashing. — deconstructionist, adj. & n.
life in being. Under the rule against perpetuities, anyone alive when a future interest is created, whether or not the person has an interest in the estate. See IN BEING; RULE AGAINST PERPETUITIES. Cf. MEASURING LIFE. [Cases: Perpetuities 4(1). C.J.S. Perpetuities §§ 2, 12, 15–18, 20–24, 27–28, 30, 33, 35–36, 52–53.]
bad-man theory. The jurisprudential doctrine or belief that a bad person’s view of the law represents the best test of what the law actually is because that person will carefully calculate precisely what the rules allow and operate up to the rules’ limits. • This theory was first espoused by Oliver Wendell Holmes in his
statement of facts. A party’s written presentation of the facts leading up to or surrounding a legal dispute, usu. recited toward the beginning of a brief. “The statement of facts is another of those critical parts of the brief …. Two principles are at war in drafting the statement of facts. First, judges want and
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reasonable, adj. 1. Fair, proper, or moderate under the circumstances ( reasonable pay). 2. According to reason (your argument is reasonable but not convincing). “It is extremely difficult to state what lawyers mean when they speak of ‘reasonableness.’ In part the expression refers to ordinary ideas of natural law or natural justice, in part to
claim-of-right doctrine. Tax. The rule that any income constructively received must be reported as income, whether or not the taxpayer has an unrestricted claim to it. [Cases: Internal Revenue 3086, 3118. C.J.S. Internal Revenue §§ 53–54, 63.]
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