abuse-of-rights doctrine. Civil law. The principle that a person may be liable for harm caused by doing something the person has a right to do, if the right is exercised (1) for the purpose or primary motive of causing harm, (2) without a serious and legitimate interest that is deserving of judicial protection, (3) against […]
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A treaty designed to unify and streamline patent prosecutions and trademark applications among the signatories. • The Convention eased the harsh effects of the first-to-file priority rule by allowing an applicant in any member country one year in which to apply in other member countries while maintaining the application’s original priority date. It also banned
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Hist. An 1872 federal statute providing that the practice and procedure in federal district courts (other than in equity and admiralty matters) must conform to the practice and procedure used by the state courts for like cases. • The Federal Rules of Civil Procedure (effective in 1938) superseded the Conformity Act.
single-source requirement. Under the common-law tort of false advertising, the necessity to show that the plaintiff is the only supplier of the genuine goods in question and that buyers would have bought the plaintiff’s goods if the true nature of the defendant’s goods had been known. Ely–Norris Safe Co. v. Mosler Safe Co., 7 F.2d
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Westminster the First, Statute of. Hist. An English statute divided into 51 chapters (later correlating to separate acts of Parliament), including provisions (1) protecting the property of the church from the violence and spoliation of the Crown and nobles; (2) providing for the freedom of popular elections; (3) enforcing the rules contained in Magna Carta
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solicitation, n. 1. The act or an instance of requesting or seeking to obtain something; a request or petition (a solicitation for volunteers to handle at least one pro bono case per year). 2. The criminal offense of urging, advising, commanding, or otherwise inciting another to commit a crime ( convicted of solicitation of murder).
An appeal having no legal basis, usu. filed for delay to induce a judgment creditor to settle or to avoid payment of a judgment. • Federal Rule of Appellate Procedure 38 provides for the award of damages and costs if the appellate court determines that an appeal is frivolous. Fed. R. App. P. 38. [Cases:
custodial interrogation 〈美〉羁押讯问 指在被讯问人被关押或被以其他方式剥夺自由后由执法官员对其进行的讯问。根据米兰达规则〔Miranda rule〕，在讯问之前应告知被讯问人享有的有关权利。
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Hist. The rule that a bailee who had lawful possession of property delivered in bulk and wrongfully took the property committed larceny only if the bailee broke the
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last-straw doctrine. Employment law. The rule that the termination of employment may be justified by a series of incidents of poor performance, not one of which alone would justify termination, followed by a final incident showing a blatant disregard for the employer’s interests.
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