Contracts Clause. The clause of the U.S. Constitution prohibiting states from passing a law that would impair private contractual obligations. • The Supreme Court has generally interpreted this clause so that states can regulate private contractual obligations if the regulation is reasonable and necessary to serve an important public purpose. U.S. Const. art. I, § […]
rigging the market. The practice of artificially inflating stock prices, by a series of bids, so that the demand for those stocks appears to be high and investors will therefore be enticed into buying the stocks. See MANIPULATION. [Cases: Securities Regulation 60.25. C.J.S. Securities Regulation §§ 214, 226–227.]
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transgress, vb. 1. To exceed the limits of (a law, rule, regulation, etc.); to break or violate. 2. To pass over (limits, boundaries, etc.). — transgressor, n.
share acquisition. The acquisition of a corporation by purchasing all or most of its outstanding shares directly from the shareholders; TAKEOVER. — Also termed share-acquisition transaction; stock acquisition; stock-acquisition transaction. Cf. ASSET ACQUISITION. [Cases: Corporations 197; Securities Regulation 52.10–52.50. C.J.S. Corporations §§ 373, 375–378; Securities Regulation §§ 121–141.]
genericide (j[schwa]-ner-[schwa]-sId).Trademarks. The loss or cancellation of a trademark that no longer distinguishes the owner’s product from others’ products. • Genericide occurs when a trademark becomes such a household name that the consuming public begins to think of the mark not as a brand name but as a synonym for the product itself. Examples of
canon law. 1. A body of western ecclesiastical law that was compiled from the 12th to 14th centuries. • It has grown steadily since that time, and is now codified in the Codex Juris Canonici of 1983, replacing that of 1918. — Also termed corpus juris canonici; papal law; jus canonicum. 2. A body of
safekeeping. 1. The act of protecting something in one’s custody. 2. Under the Securities Investors Protection Act, the holding of a security on behalf of the investor or broker that has paid for it. 15 USCA § 78lll(2). [Cases: Securities Regulation 185.13–185.16. C.J.S. Securities Regulation §§ 309–310, 312, 315–316, 318–319, 322.]
An option to buy or sell a futures contract. [Cases: Commodity Futures Trading Regulation 10. C.J.S. Securities Regulation §§ 455, 470.]
label, n. 1. Trademarks. An informative display of written or graphic matter, such as a logo, title, or similar marking, affixed to goods or services to identify their source. • A label may be put on the packaging or container of a manufactured product, or on the packaging or surface of a natural substance. [Cases:
causation (kaw-zay-sh[schwa]n). 1. The causing or producing of an effect (the plaintiff must prove causa-tion). 2. CAUSALITY. “Here is the key to the juridical treatment of the problems of causation. We pick out the cause which in our judgment ought to be treated as the dominant one with reference, not merely to the event itself,