Rooker–Feldman doctrine. The rule that a federal court cannot consider claims actually decided by a state court or claims inextricably intertwined with an earlier state-court judgment. Rooker v. Fidelity Trust Co., 263 U.S. 413, 415–16, 44 S.Ct. 149, 150 (1923); District of Columbia Ct. of App. v. Feldman, 460 U.S. 462, 476, 103 S.Ct. 1303, […]
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Bruton error (broot-[schwa]n). The violation of a criminal defendant’s constitutional right of confrontation by admitting into evidence a nontestifying codefendant’s confession that implicates both of them, where the statement is not admissible against the defendant under any exception to the hearsay rule. • The error is not cured by a limiting instruction to the jury
privilegium (priv-[schwa]-lee-jee-[schwa]m), n. [Latin] 1. Roman law. A law passed against or in favor of a specific individual. 2. Roman law. A special right, esp. one giving priority to a creditor. 3. Civil law. Every right or favor that is granted by the law but is contrary to the usual rule.
Justice fairly administered according to rules of substantive law, regardless of any procedural errors not affecting the litigant’s substantive rights; a fair trial on the merits.
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exoneration (eg-zon-[schwa]-ray-sh[schwa]n). 1. The removal of a burden, charge, responsibility, or duty. 2. The right to be reimbursed by reason of having paid money that another person should have paid. 3. The equitable right of a surety — confirmed by statute in many states — to proceed to compel the principal debtor to satisfy the
Paris Convention for the Protection of Industrial Property. 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
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delectus personae (di-lek-t[schwa]s p[schwa]r-soh-nee). [Latin “choice of the person”] The rule that when personal relations are important, a person cannot be compelled to associate with another person. • Based on this principle, a partner has the right to accept or reject a candidate proposed as a new partner.