act of honor. Commercial law. A transaction, memorialized in an instrument prepared by a notary public, evi-dencing a third person’s agreement to accept, for the credit of one or more of the parties, a bill that has been protested. • The UCC eliminated this type of transaction.
false advertising, n. 1. The tortious and sometimes criminal act of distributing an advertisement that is untrue, deceptive, or misleading; esp., under the Lanham Trademark Act, an advertising statement that tends to mislead consumers about the characteristics, quality, or geographic origin of one’s own or someone else’s goods, services, or commercial activity. • Under §
fundamental-miscarriage-of-justice exception. The doctrine allowing a federal court in a habeas corpus proceeding to address a claim of constitutional error that, although ordinarily unreviewable, is subject to review because of a state-court procedural default that rendered the proceedings basically unfair. • For the exception to apply, among other things, the petitioner must show by a
fundamental miscarriage of justice exception Read More »
voidable contract 可撤销合同 该合同可由当事人之一方(在极少数的情况下甚至可能是双方)选择而被确认或拒绝。通常，该合同对于有过错之一方当事人属于无效，而对于受过错行为之一方则非属无效，除非其行使选择权而请求宣告其为无效。例如，因虚假陈述〔misrepresentation〕而订立的合同即属可撤销合同。它与自始即属无效的无效合同〔void contract〕不同，其一开始是有效的，并可产生与有效合同〔valid contract〕相同的法律效果，只是因一方当事人的选择而导致其无效。 (→contract; void contract)
Antitrust Guidelines for the Licensing of Intellectual Property. A set of criteria, jointly issued by the Antitrust Division of the U.S. Justice Department and the FTC, that those agencies apply in deciding whether to initiate an investigation or enforcement action as a result of restrictions in patent, copyright, trade-secret, and know-how licenses. 4 Trade Reg.
antitrust guidelines for the licensing of intellectual property Read More »
Department of Justice. The federal executive division that is responsible for federal law enforcement and related programs and services. • The U.S. Attorney General heads this department, which has separate divisions for prosecuting cases under federal antitrust laws, tax laws, environmental laws, and criminal laws. The department also has a civil division that represents the
department of justice Read More »
caucus (kaw-k[schwa]s), n. 1. Representatives from a political party who assemble to nominate candidates and decide party policy. [Cases: Elections 125. C.J.S. Elections § 104.] 2. A meeting of a group, usu. within a deliberative assembly, of people aligned by party or interest to formulate a policy or strategy. — caucus, vb. “The term caucus
An instruction requiring a jury to find for one party and against the other if the jury determines that, based on a preponderance of the evidence, a given set of facts exists. — Also termed binding instruction. [Cases: Trial 234(3, 4), 253. C.J.S. Trial §§ 625–626, 672.]
mandatory instruction Read More »