magistratus (maj-[schwa]-stray-t[schwa]s), n. [fr. Latin magister “a master”] Roman law. 1. A magistrate. 2. A magistrate’s office. “Magistratus. Denotes both the public office and the official himself. Magistracy was a Republican institution; under the Principate some magistratus continued to exist but with gradually diminishing importance; in the post-Diocletian Empire some former magistracies still exist but […]
gray market goods 〈美〉灰色市场商品 使用在美国有效的商标，但未经美国的商标持有人许可而进口到美国的商品，与在美国国内制造的、使用该相同商标的商品形成竞争。前述行为即称为平行进口〔parallel imports〕。美国国内当事人通常抱怨这在美国市场上是一种不公平竞争，但美国商标法对大多数平行进口商品的销售未予禁止。灰色市场商品的产生通常有以下情形：１国内企业已向独立的外国企业购得将后者的商标在美国注册并予以使用的权利，且有权在美国销售其国外制造的产品，但外国企业仍将标有该商标的商品输入美国并进行销售，或者在国外将产品出售给第三方，由第三方输入美国；２国内企业将其在国外的分支机构所制造的产品在美国申请商标注册，国外分支机构指美国公司的子公司、母公司或非法人的制造厂，商标注册人或其国外分支机构在国外出售其标有商标的产品，第三方未经商标注册人的授权，又将产品输入美国；３国内的商标注册人授权独立的外国制造商在国外特定地区使用其商标。外国制造商或第三方将其在国外制造的产品输入美国并进行销售。
peril of the sea. An action of the elements at sea of such force as to overcome the strength of a well-founded ship and the normal precautions of good marine practice. • A peril of the sea may relieve a carrier from liability for the resulting losses. — Also termed danger of navigation; danger of
Civil procedure. A test applied to determine whether a defendant’s counterclaim is compulsory, by examining whether both claims are based on the same operative facts or whether those facts activate additional rights, otherwise dormant, for the defendant. • One of the most important factors considered is whether hearing the claims together would promote judicial economy
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minutes. 1. Memoranda or notes of a transaction or proceeding. 2. Parliamentary law. The formal record of a deliberative assembly’s proceedings, approved (as corrected, if necessary) by the assembly. — Also termed journal; record; report. See DISPENSE WITH THE READING OF THE MINUTES; SPREAD UPON THE MINUTES . “The minutes of an organization include a
fair, adj. 1. Impartial; just; equitable; disinterested (everyone thought that Judge Jones was fair). 2. Free of bias or prejudice (in jury selection, the lawyers tried to select a fair and impartial jury). fair, n. Hist. A privileged market for the buying and selling of goods. • A fair was an incorporeal hereditament granted to
custom, n. 1. A practice that by its common adoption and long, unvarying habit has come to have the force of law. See USAGE. [Cases: Customs and Usages 1. C.J.S. Customs and Usages § 1.] — customary, adj. conventional custom. A custom that operates only indirectly through the medium of agreements, so that it is
neutral, adj. 1. Indifferent. 2. (Of a judge, mediator, arbitrator, or actor) refraining from taking sides in a dispute. neutral, n. 1. A person or country taking no side in a dispute; esp., a country that is at peace and is committed to aid neither of two or more belligerents. Cf. BELLIGERENT. “The rights of
Bureau of Labor Statistics. An independent agency in the U.S. Department of Labor responsible for compiling and analyzing statistical information on employment and the economy. • The Bureau reports on employment, unemployment, consumer and producer prices, consumer expenditures, import and export prices, wages and employee benefits, productivity and technological change, employment projections, and occupational illness
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International Trade Administration. A unit in the U.S. Department of Commerce responsible for promoting world trade and strengthening the international trade and investment position of the United States. • Created in 1980, the agency operates through three offices: the Office of the Assistant Secretary for Import Services, the Office of the Assistant Secretary for Market
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