Declaration of Paris. An international agreement, signed by Great Britain, France, Turkey, Sardinia, Austria, Prussia, and Russia in 1856 (at the end of the Crimean War), providing that (1) privateering is illegal, (2) with the exception of contraband, a neutral flag covers an enemy’s goods, (3) with the exception of contraband, neutral goods cannot be […]
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Patents. A judicially created theory for finding patent infringement when the accused process or product falls outside the literal scope of the patent claims. • The doctrine evolved to prevent parties from evading liability for patent infringement by making trivial changes to avoid the literal language of the patent claims. Graver Tank & Mfg. Co.
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fishing expedition. An attempt, through broad discovery requests or random questions, to elicit information from another party in the hope that something relevant might be found; esp., such an attempt that exceeds the scope of discovery allowed by procedural rules. — Also termed fishing trip. [Cases: Federal Civil Procedure 1272; Pretrial Procedure 28. C.J.S. Discovery
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Property that passes to a named beneficiary upon the owner’s death according to the terms of some contract or arrangement other than a will. • Such an asset is not a part of the probate estate and is not ordinarily subject to the probate court’s jurisdiction (and fees), though it is part of the taxable
A contract that the parties presumably intended as their tacit understanding, as inferred from their conduct and other circumstances. — Also termed contract implied in fact. [Cases: Contracts 27. C.J.S. Contracts § 6.]
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freedom of contract. The doctrine that people have the right to bind themselves legally; a judicial concept that contracts are based on mutual agreement and free choice, and thus should not be hampered by external control such as governmental interference. • This is the principle that people are able to fashion their relations by private
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middleman. An intermediary or agent between two parties; esp. a dealer (such as a wholesaler) who buys from producers and sells to retailers or consumers.
Clementines (klem-[schwa]n-tinz or -tInz or -teenz).Eccles. law. A collection of decretals of Pope Clement V, published in 1317 by his successor, Pope John XXII, and forming the fourth of the six parts of the Corpus Juris Canonici, completed in 1502. — Also termed Clementine Constitutions.
truce. Int’l law. A suspension or temporary cessation of hostilities by agreement between belligerent powers. — Also termed armistice; ceasefire; suspension of arms. [Cases: War and National Emergency 33. C.J.S. War and National Defense § 50.] — trucial, adj. general truce. A truce that suspends hostilities in all places. partial truce. See special truce. special
court lands. Hist. The part of a manor used for the lord’s household. — Also termed (in Latin) curtiles terrae.