Berne Safeguard Clause. Copyright. A provision in the Universal Copyright Convention barring protection in Berne Union countries for the works of any country that withdraws from the Berne Union after January 1, 1951. • The purpose of the clause was to prevent countries from withdrawing from the Berne Union in favor of the more relaxed […]
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single-purpose project. A facility that is designed, built, and used for one reason only, such as to generate electricity. • This term most often refers to large, complex, expensive projects such as power plants, chemical-processing plants, mines, and toll roads. Projects of this type are often funded through project financing, in which a special-purpose entity
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subpoena 〈拉〉 (1)传票 由法庭或其他授权机构签发的指令某人在规定的时间和地点出席(法庭)的命令，如不遵行，将受到惩罚〔sub poena〕。传票分两种：一种叫做「作证传票」〔subpoena ad testificandum/subpoena ad test〕，要求传票受送达人即某一证人在法庭或审查人、公断人前出庭作证；另一种叫做「提交书面文件传票」〔subpoena duces tecum〕，要求受送达人出庭作证并向法庭提交所需的书面文件，该证人除非受到质询，不必宣誓，也不能被交叉询问。根据英格兰最高法院诉讼规则，传票需在签发令状后12周内直接送达，且以上两种传票不得用于可能签发证人传票〔witness summons〕的刑事诉讼中。如果请求签发传票的人是出于恶意且属于滥用传票的情况，不论是在刑事诉讼还是在民事诉讼中，法庭都可撤销该传票。在英格兰郡法院的诉讼规则中，「传票」〔subpoena〕称作「证人传票」〔witness summons〕。 (2)(衡平法院)传票 过去在衡平法院里，每一起诉讼是由命令被告出庭的传唤令〔writ of subpoena〕开始的，因此，以前的旧判例集里，subpoena的含义相当于「衡平法上的起诉状」〔bill of complaint〕。现代的做法是传票背书在诉状上。如今，每一起诉讼均由传唤令〔writ of summons〕开始。
display right. Copyright. A copyright owner’s exclusive right to show or exhibit a copy of the protected work publicly, whether directly or by technological means. • For example, this right makes it illegal to transmit a copyrighted work over the Internet without permission. [Cases: Copyrights and Intellectual Property 36. C.J.S. Copyrights and Intellectual Property §§
divorce proctor. A person (such as a guardian) who is appointed to protect the interest of the state or children in a divorce action. — Sometimes shortened to proctor. [Cases: Infants 76. C.J.S. Infants § 222.]
A prosecution in which a person is singled out under a law or regulation because the person has exercised a constitutionally protected right. Cf. SELECTIVE ENFORCEMENT. [Cases: Criminal Law 37.15. C.J.S. Criminal Law §§ 68–77.]
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in gremio legis (in gree-mee-oh lee-jis), adv. & adj.[Law Latin] In the bosom of the law. • This is a figurative expression for something that is under the protection of the law, such as a land title that is in abeyance.
cura (kyoor-[schwa]), n. [Latin] Roman law. A guardianship that protects the interests of minors who are between puberty and the age of 25, or incapacitated persons. Pl. curae. Cf. TUTELA. “Cura was a form of guardianship indicated by the necessities of the case, with respect to persons who, though sui juris, were in need of
Copyright. Similarity evidenced by the copying of the protected work’s general ideas or structure (such as a movie’s plot) without using the precise words or phrases of the work. — Also termed pattern similarity.
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praerogativa regis (pree-rog-[schwa]-tI-v[schwa] ree-jis). [Law Latin “of the Crown’s prerogative”] Hist. A declaration made at the time of Edward I (1272–1307) defining certain feudal and political rights of the Crown, including the right to wardship of an idiot’s lands to protect the idiot’s heirs from disinheritance or alienation. — Also termed de praerogativa regis (dee
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