seven-years’-absence rule. The principle that a person who has been missing without explanation for at least seven years is legally presumed dead. Cf. ENOCH ARDEN LAW. “[I]n the United States, it is quite generally held or provided by statute that a presumption of death arises from the continued and unexplained absence of a person from […]
seven years’ absence rule Read More »
penalty clause. A contractual provision that assesses against a defaulting party an excessive monetary charge unrelated to actual harm. • Penalty clauses are generally unenforceable. — Often shortened to penalty. — Also termed penal clause. Cf. LIQUIDATED-DAMAGES CLAUSE; LIMITATION-OF-REMEDIES CLAUSE . [Cases: Damages 76, 80. C.J.S. Damages §§ 176, 185–187, 190–192, 194.] “It not infrequently
trademark-registration notice. A notice that a mark is protected by registration with the U.S. Patent and Trademark Office, shown by placing a symbol next to the mark. • In the U.S., the R-within-a-circle symbol (®) is common but the legend “Reg. U.S. Pat. Off.” is acceptable. Only federally registered marks may use this notice.
trademark registration notice Read More »
A species that has been fully and narrowly defined. • For example, a species may be defined generally as “magnetic metals, including iron and steel,” or particularly, such as “sodium chloride.”
symbiotic-relationship test. The standard by which a private person may be considered a state actor — and may be liable for violating someone’s constitutional rights — if the relationship between the private person and the government is so close that they can fairly be said to be acting jointly. • Private acts by a private
symbiotic relationship test Read More »
counterfeit, vb. To unlawfully forge, copy, or imitate an item, esp. money or a negotiable instrument (such as a security or promissory note) or other officially issued item of value (such as a postage stamp or a food stamp), or to possess such an item without authorization and with the intent to deceive or defraud
A privilege that concerns an individual member or members (e.g., a member’s reputation or physical ability to hear the proceedings) rather than the deliberative assembly generally. — Also termed special privilege. See procedural point under POINT. Cf. general privilege.
personal privilege Read More »
Public property that has not traditionally been open for public assembly and debate but that the government has opened for use by the public as a place for expressive activity, such as a public-university facility or a publicly owned theater. • Unlike a traditional public forum, the government does not have to retain the open
designated public forum Read More »
signals n. (引用、援用)指示；标号 在援用或引用权威法律着作或判例时对所援用的部分起简短指示作用的标号。如在「See generally Dresser, Ulysses and the Psychiatrists: A Legal and Policy Analysis of the Voluntary Commitment Contract, 16 Harv.C.R.-C.L.L. Rev. 777 (1982)」，「See, e.g., Bishop Processing Co. v. Davis, 213 Md. 465,132 A. 2d 445 (1957)」，「Cf. 20 Am. Jur. 2d Courts §92 (1965).」「Contra W. Prosser, Law of Torts §34， at 180 (4th ed.
maritime flavor. The relation of a given case to shipping concerns. • This is a factor used in determining federal admiralty jurisdiction over a particular matter by analyzing whether the matter sufficiently relates to marine and shipping concerns and whether there is need for a federal response. [Cases: Admiralty 10(2), 17. C.J.S. Admiralty §§ 62–63.]