A promise, usu. in a sale-of-business, partnership, or employment contract, not to engage in the same type of business for a stated time in the same market as the buyer, partner, or employer. • Noncompetition covenants are valid to protect business goodwill in the sale of a company. In other contexts, they are generally disfavored […]
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McDonnell Douglas test. Employment law. The principle for applying a shifting burden of proof in employment-discrimination cases, essentially requiring the plaintiff to come forward with evidence of discrimination and the defendant to come forward with evidence showing that the employment action complained of was taken for nondiscriminatory reasons. • Under this test, the plaintiff is
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A search conducted without obtaining a proper warrant. • Warrantless searches are permissible under exigent circumstances or when conducted incident to an arrest. See exigent circumstances under CIRCUMSTANCE; protective search.
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L’Association Litteraire et Artistique Internationale. Copyright. An organization of authors, artists, and other supporters of international copyright protection. • In 1878, the Association drafted five resolutions that would become the starting point for the Berne Convention. In 1883, the organization called the first meeting in Berne, Switzerland for the purpose of creating a union to
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unitization. Oil & gas. The collection of producing wells over a reservoir for joint operations such as enhanced-recovery techniques. • Unitization is usu. carried out after primary production has begun to fall off substantially, in order to permit efficient secondary-recovery operations. It is also done to comply with well-spacing requirements established by state law or
Rome Act. Copyright. A 1928 revision of the Berne Convention adding the moral rights of attribution and integrity to the minimum standards of protection that member nations must recognize, creating a compulsory license of recorded performances for radio broadcasting, and specifying that the term of protection for joint works must be measured from the death
redemption, n. 1. The act or an instance of reclaiming or regaining possession by paying a specific price. [Cases: Secured Transactions 241. C.J.S. Secured Transactions § 184.] 2. Bankruptcy. A debtor’s right to repurchase property from a buyer who obtained the property at a forced sale initiated by a creditor. [Cases: Bankruptcy 3034. C.J.S. Bankruptcy
reproductive rights. A person’s constitutionally protected rights relating to the control of his or her procreative activities; specif., the cluster of civil liberties relating to pregnancy, abortion, and sterilization, esp. the personal bodily rights of a woman in her decision whether to become pregnant or bear a child. • The phrase includes the idea of
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fighting words. 1. Inflammatory speech that might not be protected by the First Amendment’s free-speech guarantee because it might incite a violent response. [Cases: Constitutional Law 90.1(1); Disorderly Conduct 1. C.J.S. Constitutional Law §§ 461, 501–503, 539–543, 548–554, 561, 565, 572, 582–584, 603–605, 608, 610; Disorderly Conduct§§ 2–5.] 2. Inflammatory speech that is pleadable in
A trademark consisting of a made-up or coined word; a distinctive trademark or tradename having no independent meaning. • This type of mark is considered inherently distinctive and thus protected at common law, and is eligible for trademark registration from the time of its first use. — Also termed fanciful mark; fanciful term; coined trademark;
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