sham exception. An exception to the Noerr–Pennington doctrine whereby a company that petitions the government will not receive First Amendment protection or an exemption from the antitrust laws if its intent in petitioning the government is really an effort to harm its competitors rather than to obtain favorable governmental action. See NOERR–PENNINGTON DOCTRINE; sham action […]
discrimination n. 区别对待；歧视 就其作为中性词而言，discrimination(区别对待)是大多数法的目的。法律旨在将善行〔good or useful conduct〕与恶行〔harmful conduct〕分别开来。因而，通常必须将允许或禁止从事某一行为的人进行区分，例如，某些人饮酒有害，法律规定青少年不得饮酒。就本质而言，区别对待并非违宪。不过discrimination在目前的用法中，非指中性，而常被用作贬义。它指授予某些人特权或因种族、年龄、性别、民族、信仰或残疾剥夺某些人权利的法律或惯例的后果，或者指没有正当理由，不平等地对待各方。美国联邦法律、法院判例和州法禁止因种族、年龄、性别、民族等在僱佣、选举、公共教育、信贷〔extension of credit〕、住房〔housing〕等方面实行歧视待遇。 (→bias; disparate treatment; equal protection clause; equal protection of the laws; invidious discrimination; price discrimination; protected class; reverse discrimination)
rights-management information. Intellectual property. Information about an intellectual-property right, affixed to the subject matter when it is communicated to the public, esp. in electronic form, and identifying the right’s owner, terms of use, indexing numbers or codes, or other identifying information. • The information facilitates contracting with the owner of the rights. In digital technology,
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credit rating. An evaluation of a potential borrower’s ability to repay debt, prepared by a credit bureau at the request of a lender. [Cases: Credit Reporting Agencies 1–4. C.J.S. Credit Reporting Agencies; Consumer Protection §§ 2–22.]
serological test (seer-[schwa]-loj-[schwa]-k[schwa]l). A blood examination to detect the presence of antibodies and antigens, as well as other characteristics, esp. as indicators of disease. • Many states require serological tests to determine the presence of venereal disease in a couple applying for a marriage license. See BLOOD TEST.
credit-reporting bureau. An organization that, on request, prepares investigative reports not just on people’s creditworthiness but also on personal information gathered from various sources, including interviews with neighbors, friends, and coworkers. • These reports are used chiefly by employers (for prospective employees), insurance companies (for applicants), and landlords (for prospective tenants). — Also termed investigating
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outlawry. 1. Hist. The act or process of depriving someone of the benefit and protection of the law. 2. The state or condition of being outlawed; the status of an outlaw. 3. Disregard or disobedience of the law. See SACER; CONSECRATIO CAPITIS.
pyramid scheme. A property-distribution scheme in which a participant pays for the chance to receive compensation for introducing new persons to the scheme, as well as for when those new persons themselves introduce participants. • Pyramid schemes are illegal in most states. — Also termed endless-chain scheme; chain-referral scheme; multilevel-distribution program; pyramid distribution plan. Cf.
database. A compilation of information arranged in a systematic way and offering a means of finding specific elements it contains, often today by electronic means. • Unless the information itself is original, a database is not protected by U.S. copyright law. Elsewhere, it may be protected as a distinct class of “literary works,” or it
commission of the peace. Hist. An appointment of a person to keep the peace (i.e., provide police protection) on a local level. • Over time the recipients of these commissions began to acquire judicial responsibilities, and became known as justices of the peace.
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