likelihood-of-confusion test. Trademarks. The test for infringement, based on the probability that a substantial number of ordinarily prudent buyers will be misled or confused about the source of a product when its trademark allegedly infringes on that of an earlier product. [Cases: Trade Regulation 334. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition § 87.]
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Federal Reserve System. The central bank that sets credit and monetary policy by fixing the reserves to be maintained by depository institutions, determining the discount rate charged by Federal Reserve Banks, and regulating the amount of credit that may be extended on any security. • The Federal Reserve System was established by the Federal Reserve
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planned-unit development. A land area zoned for a single-community subdivision with flexible restrictions on residential, commercial, and public uses. — Abbr. PUD. Cf. RESIDENTIAL CLUSTER. [Cases: Zoning and Planning 245. C.J.S. Zoning and Land Planning § 101.] “A PUD is primarily an alternative to traditional zoning since it provides a mixing of uses. The location
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preemption (pree-emp-sh[schwa]n), n. 1. The right to buy before others. See RIGHT OF PREEMPTION. [Cases: Contracts 16; Sales 24; Vendor and Purchaser 18(.5). C.J.S. Contracts §§ 37–41, 44, 46, 55–56, 58; Sales §§ 41–42; Vendor and Purchaser§§ 98–100, 103–106, 115–116.] 2. The purchase of something under this right. 3. An earlier seizure or appropriation. 4.
safe harbor. 1. An area or means of protection. 2. A provision (as in a statute or regulation) that affords protection from liability or penalty. • SEC regulations, for example, provide a safe harbor for an issuer’s business forecasts that are made in good faith. — Also termed safe-harbor clause; safe-harbor provision. [Cases: Securities Regulation
United States Court of Federal Claims. A specialized federal court created under Article I of the Constitution in 1982 (with the name United States Claims Court) as the successor to the Court of Claims, and renamed in 1992 as the United States Court of Federal Claims. • It has original, nationwide jurisdiction to render a
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actual induction 〈美〉实际入伍 指某人被接收为武装部队的一员，并负有服兵役的责任。根据《军队与义务兵役规章条例》〔Army and Selective Service Regulation〕的规定，只经过体格检查并不能认为是实际入伍；只有在应征入伍者作出入伍宣誓，或者宣誓已向应征入伍者宣读，使其被告知，如果违反命令，则要接受军事法庭的审判后，才能被认为是实际入伍。
unbundling rules. Telecommunications. Regulations passed by the Federal Communications Commission to effectuate the local-competition requirements of the Telecommunications Act of 1996, which requires local-exchange carriers to provide access to elements of local-exchange networks on an unbundled (i.e., separated) basis. 47 USCA § 251; 47 CFR pt. 51. See NETWORK ELEMENT. [Cases: Telecommunications 267. C.J.S. Telegraphs,
automatic-adjustment clause. A provision in a utility-rate schedule that allows a public utility to increase its rates without a public hearing or state review, if certain operating costs, such as the price of fuel, increase. Federal Energy Regulatory Comm’n v. Mississippi, 456 U.S. 742, 102 S.Ct. 2126 (1982). [Cases: Electricity 11.3(4, 6); Public Utilities 128,
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Chicago Board of Trade. The commodities exchange where futures contracts in a large number of agricultural products are made. — Abbr. CBT; CBOT. [Cases: Commodity Futures Trading Regulation 3–31. C.J.S. Securities Regulation §§ 453–468, 470, 477, 479–480, 482.]
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