Foreign Sovereign Immunities Act. A federal statute providing individuals with a right of action against foreign governments, under certain circumstances, to the extent the claim arises from the private, as opposed to the public, acts of the foreign state. 28 USCA §§ 1602–1611. — Abbr. FSIA. See RESTRICTIVE PRINCIPLE OF SOVEREIGN IMMUNITY. [Cases: International Law […]
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finium regundorum actio (fI-nee-[schwa]m ri-g[schwa]n-dor-[schwa]m ak-shee-oh). [Latin “action for regulating boundaries”] Roman law. An action for settling a boundary dispute.
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incompetence, n. 1. The state or fact of being unable or unqualified to do something (the dispute was over her alleged incompetence as a legal assistant). 2. INCOMPETENCY (the court held that the affidavit was inadmissible because of the affiant’s incompetence).
Railway Labor Act. A 1926 federal law giving transportation employees the right to organize without management interference and establishing guidelines for the resolution of labor disputes in the transportation industry. • In 1934, the law was amended to include the airline industry and to establish the National Mediation Board. 45 USCA §§ 151–188. See NATIONAL
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
Conflict of laws. The rule that in disputes involving a corporation and its relationships with its shareholders, directors, officers, or agents, the law to be applied is the law of the state of incorporation. • This doctrine applies in the majority of states. In a few states, notably California and New York, foreign corporations must
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internal-affairs doctrine. Conflict of laws. The rule that in disputes involving a corporation and its relationships with its shareholders, directors, officers, or agents, the law to be applied is the law of the state of incorporation. • This doctrine applies in the majority of states. In a few states, notably California and New York, foreign
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Hist. A trial in which the judge decided the dispute by individual observation and investigation, without the benefit of a jury.
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Mark Hopkins doctrine. The principle that when an employee leaves a job because of a labor dispute, any later employment the employee has must be bona fide and intended as permanent for the employee to avoid a labor-dispute disqualification from unemployment benefits if the employee leaves the later job. Mark Hopkins, Inc. v. Employment Comm’n,
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A party’s written presentation of the facts leading up to or surrounding a legal dispute, usu. recited toward the beginning of a brief.
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