A warranty that fully covers labor and materials for repairs. • Under federal law, the warrantor must remedy the consumer product within a reasonable time and without charge after notice of a defect or malfunction. 15 USCA § 2304. See MAGNUSON–MOSS WARRANTY ACT. Cf. limited warranty. [Cases: Consumer Pro-tection 6; Sales 279. C.J.S. Credit Reporting […]
Holloway Prison 〈英〉霍洛韦监狱 根据1862年《女王监狱废除法》〔Queen’s Prison Discontinuance Act〕，在1870年怀特克罗斯大街监狱〔Whitecross Street Prison〕被取消后，该监狱被作为债务人监狱。现为女子监狱。
governmental-function theory. Constitutional law. A principle by which private conduct is characterized as state action, esp. for due-process and equal-protection purposes, when a private party is exercising a public function. • Under this theory, for example, a political party (which is a private entity) cannot exclude voters from primary elections on the basis of race.
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law-worthy, adj. Hist. Entitled to or deserving the benefit and protection of the law. — Also termed law-worth. See LIBERAM LEGEM AMITTERE; LEGALIS HOMO; LIBERA LEX.
restrictive principle of sovereign immunity. The doctrine by which a foreign nation’s immunity does not apply to claims arising from the nation’s private or commercial acts, but protects the nation only from claims arising from its public functions. See COMMERCIAL-ACTIVITY EXCEPTION; JURE GESTIONIS; JURE IMPERII . [Cases: International Law 10.33. C.J.S. International Law §§ 46–48.]
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Standing held by someone claiming to protect the rights of others. • For example, in most jurisdictions, only a parent has standing to bring a suit for custody or visitation; in some, however, a third party — for instance, a grandparent or a person with whom the child has substantial contacts — may have standing
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free ride. A benefit obtained without paying a fair price. • For example, a competitor who used aerial photographs of a plant-construction site to discover secret manufacturing techniques was judicially criticized for getting a free ride, in contrast to others who might spend time and effort legally reverse-engineering the same techniques.
homage n. 臣服；臣服礼 这是封臣接受领主封赠时向领主所必须行的大礼，是封建契约关系建立的重要仪式。臣服礼在封臣与领主之间建立起了一种依附关系，依此，封臣要履行协助领主的义务，而领主则要保护封臣，包括在武力和诉讼两方面。违反臣服礼的义务则被视为十恶不赦的犯罪，起初是重罪的主要部分。臣服礼的仪式是：封臣跪在领主面前，将双手放于领主双手之间，用诺曼法语说：「从今往后，我将怀着无比崇敬的心情终我一身完全臣服于您，蒙您恩惠保有地产，故将对您忠贞不渝。」臣服包括如下几种：绝对臣服〔liege homage〕、简易臣服〔homagium planum〕、相对臣服〔homagium simplex〕、世代臣服〔homagium antecessorium〕等。随着王权的加强，对普通领主的臣服渐趋衰微，地产法中的财产性因素取代了人身性义务变得重要起来，对国王的效忠也取得了优先地位。另外，臣服礼只能面对领主本人作出，但效忠〔fealty〕则可向领主的管家或执行管家作出。臣服于1660年被取消，而效忠仍沿袭下来。 (→fealty)
A patent covering a function or a major technological advance never before performed, a wholly novel device, or subject matter of such novelty and importance as to mark a distinct step in the progress of the art, as distinguished from a mere improvement or perfection of what had gone before. • Under U.S. law, the
novelty. 1. Trade secrets. The newness of information that is generally unused or unknown and that gives its owner a competitive advantage in a business field. • In the law of trade secrets, novelty does not require independent conception or even originality. A rediscovered technique with marketable applications can qualify as a novelty and be