Midcal test. Antitrust. The doctrine that the anticompetitive acts of a private party will be considered state acts — and thereby protected from liability under the antitrust laws — if the acts are within a clearly articulated and affirmatively expressed policy of the state, and if the conduct is actively supervised by the state. California […]
first-inventor defense. Patents. In a suit alleging infringement of a business-method patent, a statutory affirmative defense made out by showing that the defendant was using the business method commercially for at least a year before the plaintiff filed the patent application. • The First Inventor Defense Act of 1999 is codified at 35 USCA §
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A warranty made in writing; specif., any written affirmation or promise by a supplier of a consumer product to a buyer (for purposes other than resale), forming the basis of the bargain and providing that the material or workmanship is free of defects or will be repaired or replaced free of charge if the product
truth. 1. A fully accurate account of events; factuality. 2. Defamation. An affirmative defense by which the defendant asserts that the alleged defamatory statement is substantially accurate. [Cases: Libel and Slander 54. C.J.S. Libel and Slander; Injurious Falsehood §§ 108–109.]
diversity, n. 1. DIVERSITY OF CITIZENSHIP. 2. Ethnic, socioeconomic, and gender heterogeneity within a group; the combination within a population of people with different backgrounds. • The Supreme Court has found diversity in education to be a compelling government interest that can support a narrowly tailored affirmative-action plan. Grutter v. Bollinger, 123 S.Ct. 2325 (2003).
so help me God. The final words of the common oath. • The phrase is a translation, with a change to first person, of the Latin phrase ita te Deus adjuvet “so help you God.” See ITA TE DEUS ADJUVET. [Cases: Oath 5; Witnesses 227. C.J.S. Oaths and Affirmations §§ 4, 8–13; Witnesses § 394.]
danger-creation doctrine. The theory that if a state’s affirmative conduct places a person in jeopardy, then the state may be liable for the harm inflicted on that person by a third party. • This is an exception to the general principle that the state is not liable for an injury that a third party inflicts
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jurat (joor-at). 1. [fr. Latin jurare “to swear”] A certification added to an affidavit or deposition stating when and before what authority the affidavit or deposition was made. • A jurat typically says “Subscribed and sworn to before me this ____ day of [month], [year],” and the officer (usu. a notary public) thereby certifies three
verification, n. 1. A formal declaration made in the presence of an authorized officer, such as a notary public, or (in some jurisdictions) under oath but not in the presence of such an officer, whereby one swears to the truth of the statements in the document. • Traditionally, a verification is used as a conclusion