concordat (kon- or k[schwa]n-kor-dat). 1. An agreement between a government and a church, esp. the Roman Catholic Church. [Cases: Religious Societies 29. C.J.S. Religious Societies §§ 36–37.] “The qualification of a treaty as a concordat depends only upon its object and purpose, not upon the name or outward form chosen by the parties. Although the […]
Copyright. A strong resemblance between a copyrighted work and an alleged infringement, thereby creating an inference of unauthorized copying. • The standard for substantial similarity is whether an ordinary person would conclude that the alleged infringement has appropriated nontrivial amounts of the copyrighted work’s expressions. See derivative work under WORK (2). [Cases: Copyrights and Intellectual
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Hague Convention on the Civil Aspects of International Child Abduction. An international convention (concluded in 1980) that seeks to counteract cross-border child-snatching by noncustodial parents. • This convention created a legal mechanism available to parents seeking the return of, or access to, their children. Its purposes are to secure the prompt return of children who
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An unadvertised sale negotiated and concluded directly between the buyer and seller, not through an agent.
first-blush rule. The common-law principle that allows a court to set aside a verdict as excessive because the verdict causes the mind to immediately conclude that it resulted from passion or prejudice on the part of the jury. [Cases: Federal Civil Procedure 2345; New Trial 77(2).C.J.S. New Trial §§ 101, 103.]
A small quantity of evidence; esp., the small amount of evidence sufficient to remove a presumption from a case or for a rational fact-finder to conclude that something essential has not been established beyond a reasonable doubt. See SLIGHT-EVIDENCE RULE.
Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. An international convention, concluded on October 26, 1968, that establishes procedures for obtaining evidence in a foreign country, such as taking a deposition abroad. • More than 27 countries are parties, including the United States. [Cases: Federal Civil Procedure 1261; Pretrial Procedure
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going to the country. Hist. The act of requesting a jury trial. • A defendant was said to be “going to the country” by concluding a pleading with the phrase “and of this he puts himself upon the country.” Similarly, a plaintiff would conclude a pleading with the phrase “and this the plaintiff prays may
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juvenile-justice system. The collective institutions through which a youthful offender passes until any charges have been disposed of or the assessed punishment has been concluded. • The system comprises juvenile courts (judges and lawyers), law enforcement (police), and corrections (probation officers and social workers).
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joint administration. Bankruptcy. The management of two or more bankruptcy estates, usu. involving related debtors, under one docket for purposes of handling various administrative matters, including notices to creditors, to conclude the cases more efficiently. • A bankruptcy court can order a joint administration when there are two or more cases pending involving a husband
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