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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A complaint that modifies and replaces the original complaint by adding relevant matters that occurred before or at the time the action began. Fed. R. Civ. P. 15(d). • In some circumstances, a party must obtain the court’s permission to amend its complaint. Fed. R. Civ. P. 15(a). — Also termed substituted complaint. Cf. supplemental
self-help, n. An attempt to redress a perceived wrong by one’s own action rather than through the normal legal process. • The UCC and other statutes provide for particular self-help remedies (such as repossession) if the remedy can be executed without breaching the peace. UCC § 9-609. — Also termed self-redress; extrajudicial enforcement. [Cases: Secured
dolus dans locum contractui 〈拉〉导致契约成立之欺诈指一方当事人作欺诈性虚假陈述〔misrepresentation 或 false representation〕，另一方当事人对之产生信赖，后者受此陈述之诱使而与之缔结契约。该短语常用于合同法中，指合同不因虚假陈述而可撤销〔voidable〕，除非该陈述「导致契约成立」〔dans locum contractui〕，亦即，除非该陈述诱使受误导之当事人缔结合同。故此，若某人虽受虚假陈述，但其并未对之产生信赖，而是对之进一步查询，则其不得以之为由使合同无效。
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A temporary injunction issued before or during trial to prevent an irreparable injury from occurring before the court has a chance to decide the case. • A preliminary injunction will be issued only after the defendant receives notice and an opportunity to be heard. — Also termed interlocutory injunction; temporary injunction; provisional injunction; injunction pendente
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bait and switch. A sales practice whereby a merchant advertises a low-priced product to lure customers into the store, only to induce them to buy a higher-priced product. • Most states prohibit the bait and switch when the original product is not actually available as advertised. — Also termed bait advertising. [Cases: Consumer Protection 7.
(ak-shee-oh non [schwa]l-teer-ee-[schwa]s). [Latin “an action no further”] Hist. The distinctive clause in a plea to abate further maintenance of the action. • This plea replaced the puis darrein continuance. Pl. actiones non ulterii Cf. plea to further maintenance to the action, plea puis darrein continuance under PLEA.
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unwritten law. Law that, although never enacted in the form of a statute or ordinance, has the sanction of custom. • The term traditionally includes caselaw. — Also termed jus non scriptum; jus ex non scripto; lex non scripta; jus moribus constitutum. “[T]he very words of the court promulgating the opinion and making the decision
Magnuson–Moss Warranty Act (mag-n[schwa]-s[schwa]n mawsormos). A federal statute requiring that a written warranty of a consumer product fully and conspicuously disclose, in plain language, the terms and conditions of the warranty, including whether the warranty is full or limited, according to standards given in the statute. 15 USCA §§ 2301–2312. [Cases: Consumer Protection 6. C.J.S.
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A committee of the House of Representatives, a committee of the Senate, or a joint committee. [Cases: United States 23. C.J.S. United States § 39.]
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