The statutory criminal offense of either (1) willfully infringing a copyright to obtain a commercial advantage or financial gain (17 USCA § 506; 18 USCA § 2319), or (2) trafficking in goods or services that bear a counterfeit mark (18 USCA § 2320). • Under the second category, the law imposes criminal penalties if the […]
criminal infringement Read More »
A bond given in the contract of bottomry or respondentia. [Cases: Shipping 89–100. C.J.S. Shipping §§ 223–231.]
hypothecation bond Read More »
reckless, adj. Characterized by the creation of a substantial and unjustifiable risk of harm to others and by a conscious (and sometimes deliberate) disregard for or indifference to that risk; heedless; rash. • Reckless conduct is much more than mere negligence: it is a gross deviation from what a reasonable person would do. See RECKLESSNESS.
muster, vb. Military law. 1. To assemble together (troops) for inspection or service. 2. To assemble together (potential troops) for enlistment. [Cases: Armed Services 18. C.J.S. Armed Services §§ 43, 45–46.]
primary-line injury. Antitrust. Under the price-discrimination provisions of the Robinson–Patman Act, the practice of charging below-cost, predatory prices in an attempt to eliminate the seller’s competition in the market. 15 USCA § 13(a). • A primary-line injury, which hinders or seeks to hinder competition among the seller’s competitors, is distinguishable from a secondary-line injury, which
primary line injury Read More »
A party’s challenge supported by a specified reason, such as bias or prejudice, that would disqualify that potential juror. — Also termed for-cause; causal challenge; general challenge; challenge to the poll. [Cases: Jury 83–108, 124. C.J.S. Juries §§ 225, 248, 367, 369–409, 415, 417–418, 420, 446.]
challenge for cause Read More »
contractus bonae fidei, vel stricti juris (k[schwa]n-trak-t[schwa]s boh-nee fI-dee-I, vel strik-tIjoor-is). [Latin] Roman law. Contracts of good faith or of strict law; a contract requiring that the parties perform their duties in good faith. • In an action brought on a contractus bonae fidei, the plaintiff had to assert that he had not acted in
contractus bonae fidei vel stricti juris Read More »
nullum est erratum (n[schwa]l-[schwa]m est [schwa]-ray-t[schwa]m), n. [Latin “there is no error in the record”] In response to an assignment of error, the common plea that there is no error in the record. • The effect of the plea is essentially to admit well-pleaded facts.
nullum est erratum Read More »
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
perfect tender rule Read More »
An audit that focuses on particular transactions or activities that may raise significant legal issues. • Unlike routine periodic audits, an event-driven audit can focus substantial auditing resources on analyzing a particular event.
event driven audit Read More »