Marcus model. Labor law. A method for determining whether a union member’s state-law claim against the employer is preempted by federal law, by focusing on whether the state-law claim can be maintained independently of an interpretation of the collective-bargaining agreement. • In Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 108 S.Ct. […]
battle of the forms. The conflict between the terms of standard forms exchanged between a buyer and a seller during contract negotiations. • In its original version, UCC § 2-207 attempted to resolve battles of the forms by abandoning the common-law requirement of mirror-image acceptance and providing that a definite expression of acceptance may create
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Jensen doctrine. Maritime law. The principle that a state statute may not apply in a maritime case if to do so would “work [ ] material prejudice to the characteristic features of the general maritime law or interfere with the proper harmony and uniformity of that law.” Southern Pac. Co. v. Jensen, 244 U.S. 205,
omissa et male appretiata ([schwa]-mis-[schwa] et mal-ee [schwa]-pree-shee-ay-t[schwa]). [Law Latin] Hist. Things omitted and erroneously valued. “When an executor confirms and omits in the inventory part of the defunct’s effects, he may have the mistake corrected. But if he do not take steps for this purpose, any one interested in the succession may apply, either
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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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choice of law. The question of which jurisdiction’s law should apply in a given case. Cf. CONFLICT OF LAWS. [Cases: Action 17. C.J.S. Actions §§ 18–20; Conflict of Laws §§ 2–3, 12, 15, 20, 23, 27–32, 34–40, 42–48, 50–65, 96–97, 100, 102, 105–107.]
stranger. 1. One who is not party to a given transaction; esp., someone other than a party or the party’s employee, agent, tenant, or immediate family member. [Cases: Contracts 185. C.J.S. Contracts §§ 610–612, 619–620.] 2. One not standing toward another in some relation implied in the context; esp., one who is not in privity.
brevi manu (bree-vIman-yoo), adv. [Latin “with a short hand”] Roman & civil law. 1. Directly; by the shortest route. 2. Without a legal warrant; on one’s own authority. • In Roman law, the term referred to the contractual transfer (traditio) of ownership of an item to one who already had physical control of the item.
meditatio fugae (med-i-tay-shee-oh fyoo-jee). [Latin] Scots law. The intention of absconding. “When a creditor is in circumstances to make oath or affirmation that his debtor, whether native or foreigner, is in meditatione fugae, in order to avoid the payment of his debt, or where he has reasonable ground for apprehending that the debtor has such
Trademark Law Treaty. A 1994 treaty that reduces barriers to applying for and registering trademarks internationally, and establishes a model international-trademark-registration form acceptable by all signatory nations. • The United States is a party to the treaty.
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