inevitable-disclosure doctrine. Trade secrets. The legal theory that a key employee, once hired by a competitor, cannot avoid misappropriating the former employer’s trade secrets. • To justify an injunction, the plaintiff must prove that the former employee has confidential information and will not be able to avoid using that knowledge to unfairly compete against the […]
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Berne-minus, adj. Copyright. Of or relating to the second sentence of Art. 9(1) of the TRIPs Agreement, which provides that intellectual-property rights and duties under the Berne Convention will not be expressly enforced on noncomplying signators through the TRIPs Agreement. U.S. reluctance to expressly protect moral rights of authors and artists has been criticized as
Life insurance that requires premium payments for less than the life of the agreement.
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mahr, n. Islamic law. A gift of money or property that must be made by a man to the woman he marries. • The parties agree to the mahr’s amount and time of payment before marrying. If the time of payment is indefinite or if the mahr’s outstanding balance is not paid sooner, the agreed
exculpatory clause. A contractual provision relieving a party from liability resulting from a negligent or wrongful act. • A will or a trust may contain an exculpatory clause purporting to immunize a fiduciary from a breach of duty; the clause may reduce the degree of care and prudence required of the fiduciary. But courts generally
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in gremio juris (in gree-mee-oh joor-is), adv. & adj.[Law Latin] Civil & Scots law. In the bosom of the right. • This phrase describes a clause formerly inserted in an instrument to bind holders to its terms.
protest, n. 1. A formal statement or action expressing dissent or disapproval. • Under some circumstances, a protest is lodged to preserve a claim or right. 2. A notary public’s written statement that, upon presentment, a negotiable instrument was neither paid nor accepted. — Also termed initial protest; noting protest. Cf. NOTICE OF DISHONOR. [Cases:
lex (leks), n. [Latin “law”] 1. Law, esp. statutory law. 2. Positive law, as opposed to natural law. • Strictly speaking, lex is a statute, whereas jus is law in general (as well as a right). 3. A system or body of laws, written or unwritten, that are peculiar to a jurisdiction or to a
degradation (deg-r[schwa]-day-sh[schwa]n). 1. A reduction in rank, degree, or dignity; specif., censure of a clergy member by divestiture of holy orders, either by word or by a solemn divestiture of robes and other insignia. Cf. DEPOSITION(4); DEPRIVATION(4). 2. A moral or intellectual decadence or degeneration; a lessening of a person’s or thing’s character or quality
aestimatio (es-t[schwa]-may-shee-oh). [Latin] Roman law. An agreement by which the owner of goods handed them over to another person with the understanding that the other would sell what he could for the most he could get, paying the owner an agreed price for whatever goods sold and returning the others. Pl. aestimationes (es-t[schwa]-may-shee-oh-neez).