reproduction right. Copyright. A copyright holder’s exclusive right to make copies or phonorecords of the protected work. • Unauthorized copying constitutes infringement. — Also termed right of reproduction. [Cases: Copyrights and Intellectual Property 36. C.J.S. Copyrights and Intellectual Property §§ 10, 40–41, 97.]
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Socratic method. A technique of philosophical discussion — and of law-school instruction — by which the questioner (a law professor) questions one or more followers (the law students), building on each answer with another question, esp. an analogy incorporating the answer. • This method takes its name from the Greek philosopher Socrates, who lived in
Evidence about a scientific, technical, professional, or other specialized issue given by a person qualified to testify because of familiarity with the subject or special training in the field. — Also termed expert testimony. Fed. R. Evid. 702–705. See DAUBERT TEST. [Cases: Criminal Law 469–494; Evidence 505–574. C.J.S. Criminal Law §§ 853, 1059–1072, 1076–1088; Evidence
Perlman doctrine. The principle that a discovery order directed at a disinterested third party is immediately appealable on the theory that the third party will not risk contempt by refusing to comply. • The doctrine originated in Perlman v. United States, 247 U.S. 7, 13, 38 S.Ct. 417, 420 (1918). The Court reasoned that the
nationality. 1. NATION(1). 2. The relationship between a citizen of a nation and the nation itself, customarily involving allegiance by the citizen and protection by the state; membership in a nation. • This term is often used synonymously with citizenship. See CITIZENSHIP. 3. The formal relationship between a ship and the nation under whose flag
social contract. The express or implied agreement between citizens and their government by which individuals agree to surrender certain freedoms in exchange for mutual protection; an agreement forming the foundation of a political society. • The term is primarily associated with political philosophers, such as Thomas Hobbes, John Locke, and esp. Jean Jacques Rousseau, though
Family law. A hearing shortly after the state’s removal of a child for suspected abuse or neglect. • The hearing is generally held within 24 to 72 hours after the removal. The purpose of the hearing is to determine whether the state has adequate cause to maintain the children in protective care. — Also termed
Products liability. The level of pertinent scientific and technical knowledge existing at the time of a product’s manufacture, and the best technology reasonably available at the time the product was sold. — Also termed state of art. [Cases: Products Liability 11. C.J.S. Products Liability §§ 19–21.] — state-of-the-art,adj.
Steward of Chiltern Hundreds (chil-t[schwa]rn).English law. Formerly, a royal officer charged with protecting residents from robbers and thieves who hid in the hundreds’ wooded areas. • Today, a member of Parliament can accept this royal appointment as a step toward resigning, which is generally forbidden by statute. By law, for a member to accept this
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Copyright. A judicially created test for determining whether substantial similarity exists between two works in an action for infringement. • In the first step, the court dissects the copy-righted work’s structure and isolates each level of abstraction or generality (abstraction test). In the second step, the court examines each level of abstraction and separates out
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