Antitrust. The rule that allows an otherwise proscribed merger or acquisition between competitors when one is bankrupt or near failure. 15 USCA §§ 12–27. — Also termed failing-firm defense. [Cases: Monopolies 20(1). C.J.S. Monopolies §§ 106–111, 115–116, 125.]
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local law. 1. A statute that relates to or operates in a particular locality rather than the entire state. 2. A statute that applies to particular persons or things rather than an entire class of persons or things. — Also termed (in senses 1 & 2) local act; local statute. [Cases: Statutes 76–104. C.J.S. Statutes
custom and usage. General rules and practices that have become generally adopted through unvarying habit and common use. Cf. CUSTOM(1); USAGE. [Cases: Customs and Usages 1–22. C.J.S. Customs and Usages §§ 1–48.]
cepi (see-pI). [Latin] Hist. I have taken. • Cepi was often used in a capias return by an arresting sheriff, as in cepi corpus et est in custodia (“I have taken the defendant [or body] and he is in custody”). “But for injuries committed with force to the person, property, or possession, of the plaintiff,
superlien. A government’s lien that is imposed on a property whose condition violates environmental and public-health and public-safety rules and that has priority over all other liens, so that the government can recover public funds spent on cleanup operations. • A statutory lien is superior to all existing liens and all later-filed liens on the
business-records exception. Evidence. A hearsay exception allowing business records (such as reports or memoranda) to be admitted into evidence if they were prepared in the ordinary course of business. • If there is good reason to doubt a record’s reliability (e.g., the record was prepared in anticipation of litigation), the exception will not apply. Fed.
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IRAC (I-rak). A mnemonic acronym used mostly by law students and their writing instructors, esp. as a method of answering essay questions on law exams. • The acronym is commonly said to stand for either (1) issue, rule, application, conclusion, or (2) issue, rule, analysis, conclusion.
The body of rules and precedents governing the proceedings of legislative bodies and other deliberative assemblies. — Also termed parliamentary procedure. [Cases: Parliamentary Law 1. C.J.S. Parliamentary Law § 1.]
restraint of trade 贸易限制 指以排除或抑制竞争为目的而签订合同或组成联合体，造成垄断，人为地维持商品的价格或阻碍贸易和商业的正常发展；亦指合约中一方当事人对另一方当事人从事一定贸易、业务或职业的限制。贸易限制通常被认为是违反法律的，但如果其实施符合双方当事人和公众的利益，也可被认为是合理的。(→rule of reason; Sherman Antitrust Act)
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ejusdem generis (ee-j[schwa]s-d[schwa]m jen-[schwa]-ris also ee-joos- or ee-yoos-). [Latin “of the same kind or class”] A canon of construction that when a general word or phrase follows a list of specifics, the general word or phrase will be interpreted to include only items of the same type as those listed. • For example, in the