active supervision. Antitrust. Under the test for determining whether a private entity may claim a state-action exemption from the antitrust laws, the right of the state to review the entity’s anticompetitive acts and to disap-prove those acts that do not promote state policy. See STATE-ACTION DOCTRINE; MIDCAL TEST. [Cases: Monopolies 12(15.5). C.J.S. Monopolies §§ 136, […]
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Markman hearing. Patents. A hearing at which the court receives evidence and argument concerning the construction to be given to terms in a patent claim. Markman v. Westview Instruments, Inc., 52 F.3d 967, 984–85 (Fed. Cir. 1995) (en banc), aff’d, 517 U.S. 370, 116 S.Ct. 1384 (1996). • In the namesake decision, the Federal Circuit
judicium (joo-dish-ee-[schwa]m), n. [Latin] Hist. 1. A judgment. 2. A judicial proceeding; a trial. 3. A court or tribunal. • In Roman law, the plural judicia refers to criminal courts. Pl. judicia. judicium capitale (kap-i-tay-lee). [Latin] Hist. A judgment of death; a capital sentence. judicium parium (par-ee-[schwa]m). [Latin] Hist. A judgment of one’s peers; a
residuum rule. Administrative law. The principle that an agency decision based partly on hearsay evidence will be upheld on judicial review only if the decision is founded on at least some competent evidence. • The residuum rule has generally been rejected by federal and state courts. [Cases: Administrative Law and Procedure 784. C.J.S. Public Administrative
consciously parallel. Antitrust. Of, relating to, or characterizing the conduct of a party who has knowledge of a competitor’s action (such as raising prices) and who makes an independent decision to take the same action. • In some cases this is viewed as evidence of a conspiracy.
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business. 1. A commercial enterprise carried on for profit; a particular occupation or employment habitually engaged in for livelihood or gain. 2. Commercial enterprises (business and academia often have congruent aims). 3. Commercial transactions (the company has never done business in Louisiana). See DOING BUSINESS. 4. By extension, transactions or matters of a noncommercial nature
convene, vb. 1. To call together; to cause to assemble. 2. Eccles. law. To summon to respond to an action. See CONVENTIO(1). “When the defendant was brought to answer, he was said to be convened, — which the canonists called conventio, because the plaintiff and defendant met to contest.” 1 John Bouvier, Bouvier’s Law-Dictionary 668
Conflict of laws. The view that, although a court of the forum recognizes and enforces a local right (that is, one created under its own law), in a foreign-element case it does not necessarily apply the rule that would govern an analogous case of a purely domestic character, but instead takes into account the law
propaganda. Int’l law. 1. The systematic dissemination of doctrine, rumor, or selected information to promote or injure a particular doctrine, view, or cause. 2. The ideas or information so disseminated. • The word propaganda originated as an abbreviated form of Congregatio de propaganda fide, a committee (of cardinals) for propagating the (Christian) faith. defamatory propaganda.
birth. The complete extrusion of a newborn baby from the mother’s body. • The quotation below states the traditional legal view of birth. In a few jurisdictions, the state of the law may be changing. In South Carolina, for example, a child does not have to be born alive to be a victim of murder;