The act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act, 17 USCA §§ 106, 602. • A copyright owner has several exclusive rights in copyrighted works, including the rights (1) to reproduce the work; (2) to prepare derivative works based on the work; (3) to distribute copies of […]
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sanctuary. 1. A safe place, esp. where legal process cannot be executed; asylum. “Every consecrated church was a sanctuary. If a malefactor took refuge therein, he could not be extracted; but it was the duty of the four neighbouring vills to beset the holy place, prevent his escape and send for a coroner…. [A]fter he
capture-and-hold rule. Oil & gas. For royalty-calculation purposes, the doctrine that “production” occurs when oil or gas is pumped to the surface and stored, whether at the wellhead or elsewhere on the leased property. Cf. MARKETABLE-PRODUCT RULE.
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emigrant (em-[schwa]-gr[schwa]nt), n. One who leaves his or her country for any reason with the intent to establish a permanent residence elsewhere. Cf. IMMIGRANT.
droit d’aubaine (drwah doh-ben), n. [Law French “right of alienage”] Hist. With certain exceptions, a sovereign’s right to a deceased alien’s property, regardless of whether the alien had a will. • This right was primarily exercised in France, where it was revived in some form by Napoleon after its initial abolishment in 1790. It was
et al. (et alorahl).abbr. 1. [Latin et alii or et alia] And other persons ( the office of Thomas Webb et al.). 2. [Latin et alibi] And elsewhere.
alibi (al-[schwa]-bI), n. [Latin “elsewhere”] 1. A defense based on the physical impossibility of a defendant’s guilt by placing the defendant in a location other than the scene of the crime at the relevant time. Fed. R. Crim. P. 12. 1. [Cases: Criminal Law 31. 5. C.J.S. Criminal Law § 87.] 2. The fact or
The constitutionally impermissible error of resting a death sentence on a determination made by a sentencer who has been led to believe that the responsibility for determining the appropriateness of the defendant’s death sentence lies elsewhere. Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633 (1985). • The error most often occurs when the prosecutor
alienation of affections. A tort claim for willful or malicious interference with a marriage by a third party without justification or excuse. • Where the cause of action still exists, the elements are (1) some wrongful conduct by the defendant with the plaintiff’s spouse, (2) the loss of affection or loss of consortium of the
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emigration (em-[schwa]-gray-sh[schwa]n), n. The act of leaving a country with the intent not to return and to reside elsewhere. Cf. IMMIGRATION. — emigrate, vb. “Emigration is usually defined as the voluntary removal of an individual from his home State with the intention of residing abroad. However, not all emigration is voluntary; there sometimes exists forced