yardstick theory. Antitrust. A method of determining damages for lost profits (and sometimes overcharges) whereby a corporate plaintiff identifies a company similar to the plaintiff but without the impact of the antitrust violation. Cf. BEFORE-AND-AFTER THEORY; MARKET-SHARE THEORY. “To the extent that either the markets or firms being compared are dissimilar, the yardstick theory will […]
A product imperfection that is not discoverable by reasonable inspection and for which a seller or lessor is generally liable if the flaw causes harm. • Upon discovering a hidden defect, a purchaser may revoke a prior acceptance. UCC § 2-608(1)(b). — Also termed latent defect; inherent defect. [Cases: Sales 119. C.J.S. Sales §§ 194,
penal (pee-n[schwa]l), adj. Of, relating to, or being a penalty or punishment, esp. for a crime. “The general rule is that penal statutes are to be construed strictly. By the word ‘penal’ in this connection is meant not only such statutes as in terms impose a fine, or corporal punishment, or forfeiture as a consequence
European Commission for Human Rights. A body of the Council of Europe charged with overseeing the operation of the European Convention on Human Rights. • The commission is based in Strasbourg.
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Hart-Scott-Rodino Antitrust Improvement Act 〈美〉《哈特-斯科特-罗迪尼反托拉斯改进法》 1976年颁布的一部联邦制定法，它授权州总检察长可作为国家监护人〔parens patriae〕就消费者在州内所受的损害提起诉讼。并从整体上加强了司法部的反托拉斯执行权，尤其是规定了合并前通知〔premerger notification〕，即如果意欲合并的公司中有一家公司的年收益或资产超过1亿美元，且收购价格或被购公司的资产超过1 500万美元，应在合并前通知联邦贸易委员会〔Federal Trade Commission〕和司法部。
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(1) state courts (1) 〈美〉州法院 与联邦法院〔federal courts〕相对应。各州法院系统是独立的，在设置和名称上极不一致。多数州实行三级制，少数州实行二级制，也有的州还设有各种不列为审级的小型法院。
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Hist. A defensive plea asserting that events occurring after the commencement of the action necessitate its dismissal. • The plea is obsolete because of the pleading requirements in federal and state rules of civil procedure.
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respondent. 1. The party against whom an appeal is taken; APPELLEE. • In some appellate courts, the parties are designated as petitioner and respondent. In most appellate courts in the United States, the parties are designated as appellant and appellee. Often the designations depend on whether the appeal is taken by writ of certiorari (or
consultation, n. 1. The act of asking the advice or opinion of someone (such as a lawyer). 2. A meeting in which parties consult or confer. 3. Int’l law. The interactive methods by which states seek to prevent or resolve disputes. — consult, vb. — consulting, consultative, adj.
hypothecation (hI-poth-[schwa]-kay-sh[schwa]n), n. The pledging of something as security without delivery of title or possession. [Cases: Pledges 1–21; Secured Transactions 1. C.J.S. Pledges §§ 2–21, 27; Secured Transactions§§ 3, 7–9, 23, 37.] — hypothecator (hI-poth-[schwa]-kay-t[schwa]r), n. general hypothecation. 1. A debtor’s pledge to allow all the property named in the security instrument to serve as