Daubert test. A method that federal district courts use to determine whether expert testimony is admissible under Federal Rule of Evidence 702, which generally requires that expert testimony consist of scientific, technical, or other specialized knowledge that will assist the fact-finder in understanding the evidence or determining a fact in issue. • In its role […]
constitutional freedom. A basic liberty guaranteed by the Constitution or Bill of Rights, such as the freedom of speech. — Also termed constitutional protection; constitutional liberty.
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A witness qualified by knowledge, skill, experience, training, or education to provide a scientific, technical, or other specialized opinion about the evidence or a fact issue. Fed. R. Evid. 702–706. — Also termed skilled witness. See EXPERT; DAUBERT TEST. [Cases: Criminal Law 478–480; Evidence 535–546. C.J.S. Criminal Law §§ 1070–1071; Evidence §§ 521, 523–527, 599–600,
Feist doctrine. Copyright. The rule that “sweat of the brow” will not support U.S. copyright protection in an unoriginal collection of facts. Feist Pubs. v. Rural Tel. Serv. Co., 499 U.S. 340, 111 S.Ct. 1282 (1991). Cf. SWEAT-OF-THE-BROW DOCTRINE. [Cases: Copyrights and Intellectual Property 12(2).]
ATIMA ([schwa]-tee-m[schwa]).abbr. As their interests may appear. • The phrase is sometimes used in insurance policies to show that the named insured has an interest, usu. an unspecified one, in the property covered by the policy and is entitled to benefits to the extent of that interest. The phrase is also used in a policy’s
cracking, n. A gerrymandering technique in which a geographically concentrated political or racial group that is large enough to constitute a district’s dominant force is broken up by district lines and dispersed throughout two or more districts. Cf. PACKING; STACKING(2). [Cases: Elections 12(6).]
An application under the Patent Cooperation Treaty for patent protection in specified member nations. • A PCT filing may be added as long as 30 months after the initial filing in a national patent office. It allows for simultaneous patent searches and examinations in multiple countries. — Also termed PCT application; PCT filing. See PATENT
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A bond intended to protect the assured from a loss arising from some event specified in the bond.
plagiarism. The deliberate and knowing presentation of another person’s original ideas or creative expressions as one’s own. • Generally, plagiarism is immoral but not illegal. If the expression’s creator gives unrestricted permission for its use and the user claims the expression as original, the user commits plagiarism but does not violate copyright laws. If the
credit bureau. An organization that compiles information on people’s creditworthiness and publishes it in the form of reports that are used chiefly by merchants and service providers who deal directly with customers. • The practices of credit bureaus are regulated by federal (and often state) law. Most bureaus are members of the Associated Credit Bureaus