rule of capture. 1. The doctrine that if the donee of a general power of appointment manifests an intent to assume control of the property for all purposes and not just for the purpose of appointing it to someone, the donee captures the property and the property goes to the donee’s estate. • One common […]
Obsolescence that results from external economic factors, such as decreased demand or changed governmental regulations. — Also termed external obsolescence. Cf. functional obsolescence.
economic obsolescence Read More »
Forrest-Fulton’s Act 〈英〉《福雷斯特-富尔顿法》 即1887年的《沃特公司(权力调整)法》〔Water Companies (Regulation of Powers) Act〕。
Forrest-Fulton’s Act Read More »
A privilege protecting individuals and entities from divulging the results of candid assessments of their compliance with laws and regulations, to the extent that the assessments are internal, the results were intended from the outset to be confidential, and the information is of a type that would be curtailed if it were forced to be
self critical analysis privilege Read More »
fraud-on-the-market principle. Securities. The doctrine that, in a claim under the antifraud provisions of the federal securities laws, a plaintiff may presumptively establish reliance on a misstatement about a security’s value — without proving actual knowledge of the fraudulent statement — if the stock is purchased in an open and developed securities market. • This
fraud on the market principle Read More »
A trademark that uses a geographic name to indicate where the goods are grown or manufactured. • This type of mark is protected at common law, and can be registered only on proof that it has acquired distinctiveness over time. — Also termed geographically descriptive mark. See SECONDARY MEANING. [Cases: Trade Regulation 32. C.J.S. Trade-Marks,
geographically descriptive trademark Read More »
Commerce Clause. U.S. Const. art. I, § 8, cl. 3, which gives Congress the exclusive power to regulate commerce among the states, with foreign nations, and with Indian tribes. [Cases: Commerce 4–6. C.J.S. Commerce §§ 2–3, 5–7.] Dormant Commerce Clause. The constitutional principle that the Commerce Clause prevents state regulation of interstate commercial activity even
consumer-credit transaction. A transaction by which a person receives a loan for buying consumer goods or services. • Consumer-credit transactions are usu. subject to regulations enacted for the consumer’s protection. [Cases: Consumer Credit 1, 3. C.J.S. Interest and Usury; Consumer Credit§§ 274, 280–293, 306.]
consumer credit transaction Read More »
suspicious-transaction report. A checkbox on IRS Form 4789 formerly (1990–1995) requiring banks and other financial institutions to report transactions that might be relevant to a violation of the Bank Secrecy Act or its regulations or that might suggest money-laundering or tax evasion. • This checkbox, like the criminal-referral form, has since been superseded by the
suspicious transaction report Read More »
A trademark that tends to bring a person or class of people into contempt or disrepute. • Section 2(a) of the Lanham Act prohibits the registration of disparaging marks. 15 USCA § 1052(a). — Also termed disparaging mark. See prohibited and reserved trademark. [Cases: Trade Regulation 282. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition § 190.]
disparaging trademark Read More »