King’s peace. Hist. A royal subject’s right to be protected from crime (to “have peace”) in certain areas subject to the king’s immediate control, such as the king’s palace or highway. • A breach of the peace in one of these areas subjected the offender to punishment in the king’s court. Over time, the area […]
sacer (sas-[schwa]r), adj. [Latin “sacred; forfeited to a god”] Roman law. (Of an outlaw or a wrongdoer) punished by being placed outside the law’s protection. See CONSECRATIO CAPITIS; OUTLAWRY.
freedom of association. The right to join with others in a common undertaking that would be lawful if pursued individually. • This right is protected by the First Amendment to the U.S. Constitution. The government may not prohibit outsiders from joining an association, but the insiders do not necessarily have a right to exclude others.
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public-trust doctrine. The principle that navigable waters are preserved for the public use, and that the state is responsible for protecting the public’s right to the use. [Cases: Navigable Waters 2. C.J.S. Navigable Waters §§ 20–21, 23–30, 33.]
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Indian Child Welfare Act. A federal act that governs child-custody proceedings — including foster-care placement, preadoptive placement, adoptive placement, and termination of parental rights — in cases involving a child of American Indian descent.25 USCA §§ 1911 et seq. • Congress enacted the Act to help protect the best interests of Indian children, to promote
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non molestando 〈拉〉禁止骚扰令状 在某人已获保护令状〔writ of protection〕的保护后仍受骚扰时所签发的一项令状，以使其免受违反保护令状的行为的骚扰。
infant, n. 1. A newborn baby. 2. MINOR(1). “An infant in the eyes of the law is a person under the age of twenty-one years, and at that period (which is the same in the French and generally in the American law) he or she is said to attain majority; and for his torts and
Intellectual property. A concept or thought, removed from any tangible embodiment. • An abstract idea is one of the categories of unpatentable subject matter, along with natural phenomena and laws of nature. But a process that uses abstract ideas to produce a useful result can be patented. Copyright law likewise will not protect an abstract
cybertheft. The act of using an online computer service, such as one on the Internet, to steal someone else’s property or to interfere with someone else’s use and enjoyment of property. • Examples of cybertheft are hacking into a bank’s computer records to wrongfully credit one account and debit another, and interfering with a copyright
Copyright. A means of comparing copyrighted material with material that allegedly infringes the copyright by examining whether the actual substance has been copied or whether the two works merely share the same abstract ideas. • The primary authority for the abstractions test is Judge Learned Hand’s opinion in Nichols v. Universal Pictures Corp., 45 F.2d