primary agent
An agent who is directly authorized by a principal. • A primary agent generally may hire a subagent to perform all or part of the agency. Cf. subagent.
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hedonistic utilitarianism
The theory that the validity of a law should be measured by determining the extent to which it would promote the greatest happiness to the greatest number of citizens. • This theory is found most prominently in the work of Jeremy Bentham, whose “Benthamite utilitarianism” greatly influenced legal reform in 19th-century Britain. Hedonistic utilitarianism generally
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market participant doctrine
market-participant doctrine. The principle that, under the Commerce Clause, a state does not discriminate against interstate commerce by acting as a buyer or seller in the market, by operating a proprietary enterprise, or by subsidizing private business. • Under the Dormant Commerce Clause principle, the Commerce Clause — art. I, § 8, cl. 3 of
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consignment
consignment (k[schwa]n-sIn-m[schwa]nt). 1. The act of consigning goods for custody or sale. — Also termed (archaically) consignation. [Cases: Factors 5.] 2. A quantity of goods delivered by this act, esp. in a single shipment. 3. Under the UCC, a transaction in which a person delivers goods to a merchant for the purpose of sale, and
request
request, n. Parliamentary law. A motion by which a member invokes a right, seeks permission for the exercise of a privilege, or asks a question. Cf. MOTION(2); DEMAND(2); INQUIRY(2); POINT(2). request for leave to modify a motion. See request for permission to modify a motion. request for leave to withdraw a motion. See request for
public record
A record that a governmental unit is required by law to keep, such as land deeds kept at a county courthouse. • Public records are generally open to view by the public. Cf. public document under DOCUMENT. [Cases: Records 1, 30, 54. C.J.S. Records §§ 2, 60, 62–63, 65, 93, 95, 99–100, 103–104.]
element
element. 1. A constituent part of a claim that must be proved for the claim to succeed (Burke failed to prove the element of proximate cause in prosecuting his negligence claim). 2. Patents. A discretely claimed component of a patent claim. • For a prior-art reference to anticipate a claim, it must teach each and
ocean
ocean. 1. The continuous body of salt water that covers more than 70% of the earth’s surface; the high seas; the open sea. Cf. SEA. 2. Any of the principal geographic divisions of this body. • There are generally considered to be five oceans: Atlantic, Pacific, Indian, Arctic, and Antarctic.
marcus model
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.