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logical relationship standard

logical-relationship standard. Civil procedure. A test applied to determine whether a defendant’s counterclaim is compulsory, by examining whether both claims are based on the same operative facts or whether those facts activate additional rights, otherwise dormant, for the defendant. • One of the most important factors considered is whether hearing the claims together would promote […]

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disparagement

disparagement (di-spair-ij-m[schwa]nt), n. 1. A derogatory comparison of one thing with another (the disparagement consisted in comparing the acknowledged liar to a murderer). 2. The act or an instance of castigating or detracting from the reputation of, esp. unfairly or untruthfully (when she told the press the details of her husband’s philandering, her statements amounted

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trips

TRIPs.abbr. Patents. The Agreement on Trade-Related Aspects of Intellectual Property Rights, a treaty that harmonized and strengthened the intellectual-property laws of its signatories by linking the obligation to protect the intellectual-property rights of other members’ citizens with a mechanism for settling international trade disputes. • TRIPs was negotiated at the 1994 Uruguay Round of the

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annotation

annotation (an-[schwa]-tay-sh[schwa]n), n. 1. A brief summary of the facts and decision in a case, esp. one involving statutory interpretation. 2. A note that explains or criticizes a source of law, usu. a case. • Annotations appear, for example, in the United States Code Annotated (USCA). 3. A volume containing such explanatory or critical notes.

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language

language. 1. Any organized means of conveying or communicating ideas, esp. by human speech, written characters, or sign language (what language did they speak?). 2. The letter or grammatical import of a document or instrument, as distinguished from its spirit (the language of the statute).

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conventionalism

conventionalism. A jurisprudential conception of legal practice and tradition holding that law is a matter of respecting and enforcing legal and social rules. “Conventionalism makes two postinterpretive, directive claims. The first is positive: that judges must respect the established legal conventions of their community except in rare circumstances. It insists, in other words, that they

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smuggling

smuggling, n. The crime of importing or exporting illegal articles or articles on which duties have not been paid. See CONTRABAND. [Cases: Customs Duties 120.1, 125. C.J.S. Customs Duties §§ 211, 213–214, 216–218, 222–223.] — smuggle, vb.

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