fairness doctrine. A former FCC rule that required the broadcast media to furnish a reasonable opportunity for discussion of conflicting views on issues of public importance. • The FCC abandoned the fairness doctrine in 1987. Cf. EQUAL-TIME DOCTRINE. [Cases: Telecommunications 435. C.J.S. Telegraphs, Telephones, Radio, and Television §§ 178–179, 183–187.]
The rule that if a good-faith attempt to perform does not precisely meet the terms of an agreement or statutory requirements, the performance will still be considered complete if the essential purpose is accomplished, subject to a claim for damages for the shortfall. • Under the Uniform Probate Code, a will that is otherwise void
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ratio decidendi (ray-shee-oh des-[schwa]-den-dI), n. [Latin “the reason for deciding”] 1. The principle or rule of law on which a court’s decision is founded (many poorly written judicial opinions do not contain a clearly ascertainable ratio decidendi). 2. The rule of law on which a later court thinks that a previous court founded its decision;
transaction-or-occurrence test. A test used to determine whether, under Fed. R. Civ. P. 13(a), a particular claim is a compulsory counterclaim. • Four different tests have been suggested: (1) Are the legal and factual issues raised by the claim and counterclaim largely the same? (2) Would res judicata bar a later suit on the counterclaim
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humanitarian law. Int’l law. Law dealing with such matters as the permissible use of weapons and other means of warfare, the treatment of prisoners of war and civilian populations in armed conflicts, and generally the direct impact of war on human life and liberty. • Most existing rules composing humanitarian law are codified in the
A trust that violates the rule against perpetuities. See RULE AGAINST PERPETUITIES.
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rattening (rat-ning). Hist. The practice of taking away tools, destroying machinery, and the like in an attempt either to compel a worker to join a union or to enforce a company’s compliance with union rules. • Rattening was formerly a common labor-union tactic in England, and it was a criminal offense.
renvoi (ren-voy), n. [French “sending back”] 1. The doctrine under which a court in resorting to foreign law adopts as well the foreign law’s conflict-of-laws principles, which may in turn refer the court back to the law of the forum. [Cases: Action 17. C.J.S. Actions §§ 18–20; Conflict of Laws§§ 2–3, 12, 15, 20, 23,
inadmissible, adj. 1. (Of a thing) not allowable or worthy of being admitted. 2. (Of evidence) excludable by some rule of evidence. [Cases: Federal Civil Procedure 2011; Trial 43. C.J.S. Trial § 162.]
Antitrust. 1.CONCERTED REFUSAL TO DEAL. 2. A type of secondary boycott by two or more competitors who refuse to do business with one firm unless it refrains from doing business with an actual or potential competitor of the boycotters. • A group boycott can violate the Sherman Act and is analyzed under either the per