right to counsel. 1. Criminal law. A criminal defendant’s constitutional right, guaranteed by the Sixth Amendment, to representation by a court-appointed lawyer if the defendant cannot afford to hire one. • The Supreme Court has recognized a juvenile delinquent defendant’s right to counsel. In re Gault, 387 U.S. 1, 87 S.Ct. 1428 (1967). — Also […]
formality. 1. A small point of practice that, though seemingly unimportant, must usu. be observed to achieve a particular legal result. 2. Hist. (pl.) Robes worn by magistrates on solemn occasions. 3. Copyright. (usu. pl.) A procedural requirement formerly required before receiving U.S. copyright protection. • Formalities included (1) a copyright notice appearing on the
The constitutional amendment, ratified with the Bill of Rights in 1791, guaranteeing the right to a jury trial in federal civil cases that are traditionally considered to be suits at common law and that have an amount in controversy exceeding $20. [Cases: Jury 9–14. C.J.S. Juries §§ 6–23, 26–36, 41–43, 46–51, 53–57, 59, 61–73, 81,
court of ancient demesne 古领地法庭 类似于采邑民事法庭〔court baron〕，该法庭由全体自由土地保有人〔freeholders〕充任法官和封臣裁判官〔suitors〕。它是由国王任命的王室管家〔bailiff〕主持，仅为王室古领地上的封臣诉讼而设立的法庭，可以赋予王室古领地封臣一定的豁免权或特惠，如准许被剥夺了土地的人通过申请权利回复令状〔writ of right close〕而重新获得自己的土地权利。 (→right close; ancient demesne)
court of ancient demesne Read More »
abatement ([schwa]-bayt-m[schwa]nt), n. 1. The act of eliminating or nullifying (abatement of a nuis-ance) (abatement of a writ). [C.J.S. Nuisances §§ 86–89.] 2. The suspension or defeat of a pending action for a reason unrelated to the merits of the claim (the defendant sought abatement of the suit because of misnomer). See plea in abatement
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
An equitable bill filed by one who is threatened with multiple suits involving the same right, or with recurrent suits on the same right, asking the court to determine the question once and for all, and to enjoin the plaintiffs from proceeding with the threatened litigation. • One situation involves many persons having a common
jus gladii (j[schwa]s glad-ee-I). [Latin “right of the sword”] Roman law. The executory power of the law, esp. for provincial governors; the power or right to inflict the death penalty. • This term took on a similar meaning under English law. — Also termed potestas gladii. “And the prosecution of these offences is always at
vindicate, vb. 1. To clear (a person or thing) from suspicion, criticism, blame, or doubt (DNA tests vindicated the suspect). 2. To assert, maintain, or affirm (one’s interest) by action (the claimants sought to vindicate their rights through a class-action suit). 3. To defend (one’s interest) against interference or encroachment (the borrower vindicated its interest
complementary goods. Trademarks. Products that are typically used together, such as pancake syrup and pancake mix, or motion-picture projectors and film. • Trademark law may prevent the use of a similar mark on complementary goods because consumers may be confused into thinking that the goods come from a common source. The patent-misuse doctrine may provide
complementary goods Read More »