doctrine of obligation. English law. The rule that if a foreign court of competent jurisdiction has adjudicated a certain sum to be due from one person to another, the liability to pay that sum becomes a legal obligation enforceable domestically by a debt action. • Once the plaintiff proves the judgment, the burden shifts to […]
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whole law. The law applied by a forum court in a multistate or multinational case after referring to its own choice-of-law rules. [Cases: Action 17. C.J.S. Actions §§ 18–20; Conflict of Laws§§ 2–3, 12, 15, 20, 23, 27–32, 34–40, 42–48, 50–65, 96–97, 100, 102, 105–107.]
reconsider, vb. To discuss or take up (a matter) again (legislators voted to reconsider the bill). • Under parliamentary law, a motion to reconsider sets aside a certain vote already taken and restores the motion on which the vote is being reconsidered to its status immediately before the vote occurred. Making a motion to reconsider
blank form. Copyright. A form, usu. one for record-keeping and business purposes, that does not convey information until it has been filled in. • Blank forms are not eligible for copyright protection. — Also termed business form. See BLANK-FORMS RULE.
patent-misuse doctrine. An equitable rule that a patentee should not be allowed to use a patent to effectively broaden the scope of the patentee’s monopoly in restraint of trade or otherwise against the public interest. • Two common examples of anticompetitive broadening are (1) using a patent to restrain competition from an unpatented product or
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file-transfer protocol. A set of programmed rules enabling computers to exchange files over the Internet. — Abbr. FTP.— Also termed file-transport protocol.
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notice to plead. A warning to a defendant, stating that failure to file a responsive pleading within a prescribed time will result in a default judgment. • The Federal Rules of Civil Procedure require the summons to notify the defendant that failure to appear and defend within a prescribed time will result in a default
appearance doctrine. In the law of self-defense, the rule that a defendant’s use of force is justified if the defendant reasonably believed it to be justified. [Cases: Assault and Battery 67; Homicide 795. C.J.S. Assault and Battery §§ 87–92.]
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inops consilii (in-ahps k[schwa]n-sil-ee-I), adj. [Latin] Destitute of counsel; without legal counsel. • This term described actions taken without benefit of legal advice, as when a testator drafts a will without the help of an attorney. “[T]hat in devises by last will and testament, (which, being often drawn up when the party is inops consilii,
finality doctrine. The rule that a court will not judicially review an administrative agency’s action until it is final. — Also termed final-order doctrine; doctrine of finality; principle of finality. Cf. FINAL-JUDGMENT RULE ; INTERLOCUTORY APPEALS ACT. [Cases: Administrative Law and Procedure 704. C.J.S. Public Administrative Law and Procedure §§ 204–205.]