risk-utility test. A method of imposing product liability on a manufacturer if the evidence shows that a reasonable person would conclude that the benefits of a product’s particular design versus the feasibility of an alternative safer design did not outweigh the dangers inherent in the original design. — Also termed danger-utility test; risk-benefit test. Cf. […]
similarity. Intellectual property. The resemblance of one trademark or copyrighted work to another. • How closely a trademark must resemble another to amount to infringement depends on the nature of the product and how much care the typical buyer would be expected to take in making the selection in that particular market. It is a
rebus sic stantibus (ree-b[schwa]s sik stan-ti-b[schwa]s). [Latin “matters so standing”] Int’l law & civil law law. The principle that all agreements are concluded with the implied condition that they are binding only as long as there are no major changes in the circumstances. See CLAUSA REBUS SIC STANTIBUS . [Cases: Treaties 5. C.J.S. Treaties §
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international crime. Int’l law. A grave breach of international law, such as genocide and crimes against humanity, made punishable offenses by treaties and applicable rules of customary international law. • An international crime occurs when three conditions are satisfied: (1) the criminal norm must derive either from a treaty concluded under international law or from
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paratus est verificare (p[schwa]-ray-t[schwa]s est ver-[schwa]-fi-kair-ee). [Law Latin] He is ready to verify. • This phrase formerly concluded a verified pleading.
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In the federal sentencing guidelines, a court’s imposition of a sentence more lenient than the standard guidelines propose, as when the court concludes that a criminal’s history is less serious than it appears. [Cases: Sentencing and Punishment 850. C.J.S. Criminal Law § 1479.]
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Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. An international convention, concluded on November 15, 1965, governing procedures for effecting service of process in a foreign country. • More than 35 countries are parties to the convention, including the United States. [Cases: Federal Civil Procedure 462; Process 83; Treaties 1. C.J.S. Process
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cura (kyoor-[schwa]), n. [Latin] Roman law. A guardianship that protects the interests of minors who are between puberty and the age of 25, or incapacitated persons. Pl. curae. Cf. TUTELA. “Cura was a form of guardianship indicated by the necessities of the case, with respect to persons who, though sui juris, were in need of
enbancworthy, adj. Slang. Worthy of being considered en banc (the Fifth Circuit concluded that two of the four issues are truly enbancworthy). — enbancworthiness, n.
feigned issue. Hist. A proceeding in which the parties, by consent, have an issue tried by a jury without actually bringing a formal action. • The proceeding was done when a court either lacked jurisdiction or was unwilling to decide the issue. — Also termed fictitious issue. “The chancellor’s decree is either interlocutory or final.