Lemon test. A legal standard for judging the state’s violation of the Establishment Clause of the First Amendment. • The Lemon test has most often been used in school-related cases. It employs a three-pronged test to determine the state’s action: (1) Does the state’s action have a religious purpose? (2) Does the state’s action have […]
formedon (for-m[schwa]-don). [fr. Latin forma doni “form of the gift”] Hist. A writ of right for claiming entailed property held by another. • A writ of formedon was the highest remedy available to a tenant in tail. — Also termed writ of formedon. [Cases: Real Actions 4.] “Called formedon, because the writ comprehended the form
The act of violating an intellectual-property right without knowledge or awareness that the act constitutes infringement. • An innocent infringer may, in limited circumstances, escape liability for some or all of the damages. In the copyright context, damages may be limited if (1) the infringer was misled by the lack of a copyright notice on
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Latini Juniani (l[schwa]-tI-nI joo-nee-ay-nI), n. pl.[Latin “Junian Latins”] Roman law. Informally manumitted slaves who acquired some rights and privileges as free people, but not Roman citizenship. • They were a special class of freedmen (libertini) who could one day become citizens. If a Latinus Junianus did not become a citizen, then upon death that person’s
Judicial relief that is mutually exclusive with another form of judicial relief. • In pleading, a party may request alternative relief, as by asking for both specific performance and damages that would be averted by specific performance. Fed. R. Civ. P. 8(a). Cf. ELECTION OF REMEDIES. [Cases: Specific Performance 127. C.J.S. Specific Performance §§ 194–196,
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Uniform Deceptive Trade Practices Act. A 1964 model state statute that codified many common-law intellectual-property torts, such as trademark infringement, passing off, trade disparagement, and false advertising, and that provided additional consumer protection against other forms of commercial deception. • The Act provides a laundry list of prohibited practices, all involving misrepresentation. — Abbr. UDTPA.
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bait and switch. A sales practice whereby a merchant advertises a low-priced product to lure customers into the store, only to induce them to buy a higher-priced product. • Most states prohibit the bait and switch when the original product is not actually available as advertised. — Also termed bait advertising. [Cases: Consumer Protection 7.
Unfair Trade Practices and Consumer Protection Law. A model statute patterned on the Federal Trade Commission Act and proposed by the FTC in 1967 for adoption by the states; a state law providing consumer-protection remedies, including private causes of action, for deceptive trade practices and false advertising. • The Act gives the state attorney general
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disturbance of a public meeting. The unlawful interference with the proceedings of a public assembly. [Cases: Disturbance of Public Assemblage 1. C.J.S. Disturbance of Public Meetings § 3.] “Generally speaking, any conduct which, being contrary to the usages of the particular sort of meeting and class of persons assembled, interferes with its due progress and
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A restriction that causes an estate to end automatically and revert to the grantor upon the happening of a specified event. See fee simple determinable under FEE SIMPLE. [Cases: Deeds 125, 126, 130. C.J.S. Deeds §§ 246, 249.]
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