phonorecord (foh-noh-rek-[schwa]rd). A physical object (such as a phonographic record, cassette tape, or compact disc) from which fixed sounds can be perceived, reproduced, or otherwise communicated directly or with a machine’s aid. • The term is fairly common in copyright contexts since it is defined in the U.S. Copyright Act of 1976 (17 USCA § […]
elements of crime. The constituent parts of a crime — usu. consisting of the actus reus, mens rea, and causation — that the prosecution must prove to sustain a conviction. • The term is more broadly defined by the Model Penal Code in § 1.13(9) to refer to each component of the actus reus, causation,
statement of work. A contractual provision or exhibit that defines what one party (e.g., the seller) is going to do for the other (e.g., the buyer). • The statement of work often covers such terms as (1) inspection and acceptance, (2) quality-assurance requirements, (3) packing and marking, (4) data requirements, and (5) training. There are
Enforcement of Foreign Judgments Act. A uniform law, adopted by most states, that gives the holder of a foreign judgment essentially the same rights to levy and execute on the judgment as the holder of a domestic judgment. • The Act defines a foreign judgment as any judgment, decree, or order (of a court in
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patrician (p[schwa]-trish-[schwa]n), n. Roman law. One of a privileged class of Roman citizens, as contrasted with plebeians. • Originally the rank was probably only by birth. They monopolized all the priesthoods and their class was probably defined by religious prerogatives, but membership in the senate was not confined to patricians. They lost their monopolies by
time-bar, n. A bar to a legal claim arising from the lapse of a defined length of time, esp. one contained in a statute of limitations. [Cases: Limitation of Actions 1. C.J.S. Limitations of Actions §§ 2–4.] — time-barred, adj.
joint venture. A business undertaking by two or more persons engaged in a single defined project. • The necessary elements are: (1) an express or implied agreement; (2) a common purpose that the group intends to carry out; (3) shared profits and losses; and (4) each member’s equal voice in controlling the project. — Also
ravishment, n. Archaic. 1. Forcible seizure and carrying off of another person (esp. a woman); ABDUCTION. 2. RAPE(1). • In this sense the term is widely considered inappropriate for modern usage, given its romantic connotations (in other contexts) of ecstasy and delight. In the Restatement (First) of Torts § 65a, the word was defined as
sedition, n. 1. An agreement, communication, or other preliminary activity aimed at inciting treason or some lesser commotion against public authority. 2. Advocacy aimed at inciting or producing — and likely to incite or produce — imminent lawless action. • At common law, sedition included defaming a member of the royal family or the government.
substantive law (s[schwa]b-st[schwa]n-tiv). The part of the law that creates, defines, and regulates the rights, duties, and powers of parties. Cf. PROCEDURAL LAW. “So far as the administration of justice is concerned with the application of remedies to violated rights, we may say that the substantive law defines the remedy and the right, while the