active supervision. Antitrust. Under the test for determining whether a private entity may claim a state-action exemption from the antitrust laws, the right of the state to review the entity’s anticompetitive acts and to disap-prove those acts that do not promote state policy. See STATE-ACTION DOCTRINE; MIDCAL TEST. [Cases: Monopolies 12(15.5). C.J.S. Monopolies §§ 136, […]
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cognizable (kog-ni- or kog-nI-z[schwa]-b[schwa]l), adj. 1. Capable of being known or recognized (for purposes of establishing standing, a plaintiff must allege a judicially cognizable injury). 2. Capable of being identified as a group because of a common characteristic or interest that cannot be represented by others (American Indians qualify as a cognizable group for jury-selection
contract-specification defense. An affirmative defense that immunizes a contractor from liability for a defect in a product when the contractor has manufactured or performed according to detailed contractual orders. • The defense applies to specialized, single-use components and protects a component supplier from claims of negligent design if the component conforms to the contractual specifications
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acquiescence (ak-wee-es-[schwa]nts). 1. A person’s tacit or passive acceptance; implied consent to an act. commercial acquiescence. Patents. Action or inaction by a patentee’s competitor that reflects the competitor’s belief that the patent is valid. • A patent owner may use another person’s actions or inactions, such as taking a license or attempting to design around
recording act. A law that establishes the requirements for recording a deed or other property interest and the standards for determining priorities between persons claiming interests in the same property (usu. real property). • Recording acts — the three main types of which are the notice statute, the race statute, and the race-notice statute —