Constitutional law. The doctrine allowing the government to restrict the First Amendment freedoms of speech and press if necessary to prevent immediate and severe danger to interests that the government may lawfully protect. • This test was formulated by Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct. 247 (1919). […]
clear and present danger test Read More »
bachelor. 1. An unmarried man. 2. The usual title of the first degree that is conferred on a university graduate. 3. English law. A member of one of the orders of chivalry, such as the Order of the Bath. — Also termed (in sense 3) knight bachelor.
statute of distribution. A state law regulating the distribution of an estate among an intestate’s heirs and relatives. • Historically, the statute specified separate, and often different, patterns for distributing an intestate’s real property and personal property. Generally, land descended to the heirs and personalty descended to the next of kin. — Also termed statute
statute of distribution Read More »
hovering act. Int’l law. A statute applying to a coastal country’s criminal jurisdiction over ships, and persons aboard those ships, when the ships are outside the country’s territory. “The notion of hovering acts evolved long before that of a belt of uniform width in the form of territorial waters. Great Britain’s first anti-smuggling legislation to
freedom of religion. The right to adhere to any form of religion or none, to practice or abstain from practicing religious beliefs, and to be free from governmental interference with or promotion of religion, as guaranteed by the First Amendment and Article VI, § 3 of the U.S. Constitution. [Cases: Constitutional Law 84. C.J.S. Constitutional
freedom of religion Read More »
refusal. 1. The denial or rejection of something offered or demanded (the lawyer’s refusal to answer questions was based on the attorney–client privilege). 2. An opportunity to accept or reject something before it is offered to others; the right or privilege of having this opportunity (she promised her friend the first refusal on her house).
blurring, n. Trademarks. A form of dilution in which goodwill in a famous mark is eroded through the mark’s unauthorized use by others on or in connection with dissimilar products or services. • Blurring is one type of dilution that is actionable under the Federal Trademark Dilution Act, 15 USCA § 1125(c) (the court found
A use that would be a contingent remainder if it had not been limited by way of use. • An example is a transfer “to A, to the use of B for life, with the remainder to the use of C’s heirs.” — Also termed future use.