Search Results for: RULE OF RIGHT

perfect tender rule

Commercial law. The principle that a buyer may reject a seller’s goods if the quality, quantity, or delivery of the goods fails to conform precisely to the contract. • Although the perfect-tender rule was adopted by the UCC (§ 2-601), other Code provisions — such as the seller’s right to cure after rejection — have

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work product rule

work-product rule. The rule providing for qualified immunity of an attorney’s work product from discovery or other compelled disclosure. Fed. R. Civ. P. 26(b)(3). • The exemption was primarily established to protect an attorney’s litigation strategy. Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947). — Also termed work-product immunity; work-product privilege; work-product exemption;

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right of privacy

right of privacy. 1. The right to personal autonomy. • The U.S. Constitution does not explicitly provide for a right of privacy or for a general right of personal autonomy, but the Supreme Court has repeatedly ruled that a right of personal autonomy is implied in the “zones of privacy” created by specific constitutional guarantees.

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shop right

shop right (专利法)僱员发明实施权 指僱主可以在其业务中免费使用僱员的发明的权利。它实际上是僱主以法律推定的方式从其僱员处得到的一种非独占性专利实施许可,当某一僱员并非专门受雇从事发明工作,但其在工作中运用僱主的设备完成发明的,则通常可以在法律上产生一种僱主对雇员发明的实施权。 (→shop right rule)

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single filing rule

single-filing rule. Civil-rights law. The principle that an administrative charge filed by one plaintiff in a civil-rights suit (esp. a Title VII suit) will satisfy the administrative-filing requirements for all coplaintiffs who are making claims for the same act of discrimination. • But this rule will not usu. protect a coplaintiff’s claims if the coplaintiff

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massiah rule

Massiah rule. The principle that an attempt to elicit incriminating statements (usu. not during a formal interrogation) from a suspect whose right to counsel has attached but who has not waived that right violates the Sixth Amendment. Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199 (1964). See DELIBERATE ELICITATION.

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antisubrogation rule

antisubrogation rule (an-tee-s[schwa]b-roh-gay-sh[schwa]n).Insurance. The principle that an insurance carrier has no right of subrogation — that is, no right to assert a claim on behalf of the insured or for payments made under the policy — against its own insured for the risk covered by the policy. See SUBROGATION. [Cases: Insurance 3510. C.J.S. Insurance §§

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great lakes rule

Great Lakes rule. Maritime law. The statutory provision that an admiralty litigant is entitled to a jury trial in a contract or tort action if the lawsuit arises from the operation of a commercial vessel on the Great Lakes or the navigable waters connecting them. See 28 USCA § 1873. [Cases: Admiralty 80. C.J.S. Admiralty

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