Goods that are normally used in more than one jurisdiction (such as shipping containers and road-construction machinery) and that are held by the debtor as equipment or leased by the debtor to others. • Under previous drafts of the Uniform Commercial Code, the procedure for perfecting a security interest in mobile goods was generally defined […]
habendum clause (h[schwa]-ben-d[schwa]m). 1. The part of an instrument, such as a deed or will, that defines the extent of the interest being granted and any conditions affecting the grant. • The introductory words to the clause are ordinarily to have and to hold. — Also termed to-have-and-to-hold clause. [Cases: Deeds 120. C.J.S. Deeds §§
Federal Computer Fraud and Abuse Act. A law establishing civil liability for gaining unauthorized access to a computer and causing damage to that computer. • Damage is statutorily defined to include harm to the computer’s data, programs, systems, and information either by compromising integrity or by impairing availability. — Abbr. FCFAA.
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nation, n. 1. A large group of people having a common origin, language, and tradition and usu. constituting a political entity. • When a nation is coincident with a state, the term nation-state is often used. — Also termed nationality. “The nearest we can get to a definition is to say that a nation is
deceptive act. As defined by the Federal Trade Commission and most state statutes, conduct that is likely to deceive a consumer acting reasonably under similar circumstances. — Also termed deceptive practice; deceptive sales practice. [Cases: Consumer Protection 4; Trade Regulation 861. C.J.S. Credit Reporting Agencies; Consumer Protection §§ 29–31, 33–34, 36–39; Trade-Marks, Trade-Names, and Unfair
fair warning. Criminal law. The requirement that a criminal statute define an offense with enough precision so that a reasonable person can know what conduct is prohibited and so that a reasonably skilled lawyer can predict what conduct falls within the statute’s scope. — Also termed fair notice. [Cases: Criminal Law 13.1(1). C.J.S. Criminal Law
The general exemption of diplomatic ministers from the operation of local law, the exception being that a minister who is plotting against the security of the host nation may be arrested and sent out of the country. • A minister’s family shares in diplomatic immunity to a great, though ill-defined, degree. [Cases: Ambassadors and Consuls
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bargained-for exchange. Contracts. A benefit or detriment that the parties to a contract agree to as the price of performance in return for a promise. • The Restatement of Contracts (Second) defines consideration exclusively in terms of bargain, but it does not mention benefit or detriment.
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antitrust law. 1. The body of law designed to protect trade and commerce from restraints, monopolies, price-fixing, and price discrimination. • The principal federal antitrust laws are the Sherman Act (15 USCA §§ 1–7) and the Clayton Act (15 USCA §§ 12–27). “As legislative history and case law both disclose, the general objective of the
inquisitorial system. A system of proof-taking used in civil law, whereby the judge conducts the trial, determines what questions to ask, and defines the scope and the extent of the inquiry. • This system prevails in most of continental Europe, in Japan, and in Central and South America. Cf. ADVERSARY SYSTEM.
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