privacy. The condition or state of being free from public attention to intrusion into or interference with one’s acts or decisions. autonomy privacy. An individual’s right to control his or her personal activities or intimate personal decisions without outside interference, observation, or intrusion. • If the individual’s interest in an activity or decision is fundamental, […]
broadening of a claim. Patents. The enlargement of the scope of a patent claim to expand its coverage. • The broader a patent claim, the greater the scope of protection because more methods or devices may potentially infringe the claim. But drafting a claim broadly increases the risk that an accused infringer may successfully invalidate
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flyspeck, n. Insurance. A potential trivial defect in title to real property, as a result of which a title-insurance company is likely to exclude any risk from that defect before issuing a policy. — flyspeck, vb.
developing country. Int’l law. A country that is not as economically or politically advanced as the main industrial powers. • Developing countries are located mostly in Africa, Asia, Eastern Europe, the Middle East, and Latin and South America. — Also termed developing state; underdeveloped country; less-developed country; Third World country. “Pertinent terminology has undergone extensive
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ripeness doctrine 〈美〉成熟原则 该原则要求呈交联邦法院的案件必须是现存的实际争议，法院不受理仅是假设性或推测性的问题。因而，每一个案件中其法定权益相冲突的当事人之间是否存在实质争议〔substantial controversy〕，具有充分的紧迫性〔immediacy〕和现实性以促进法院作出确认判决〔declaratory judgment〕，是很重要的问题。在司法审查中，成熟原则指除非争议的行政行为已发展成熟到适合作出司法裁决的阶段，法院不愿给予确认判决和禁制令的救济手段〔injunctive remedy〕，这一原则存在的基本理由在于避免法院过早进行裁判，陷入抽像的行政政策争论，同时也保护行政机关在最后决定作出之前及行政行为对当事人发生具体影响之前，免受法院干涉。法院判定行政争议已成熟到可以进行司法审查的标准有二：一是问题适于法院裁判，二是推迟审查将对当事人造成困难。(→case; final decision rule; justiciable controversy; standing)
single-asset real estate. Bankruptcy. A single piece of real property (apart from residential property with fewer than four residential units) that a debtor operates for business purposes, that provides the debtor with substantially all his or her gross income, and that carries aggregate, liquidated, noncontingent secured debts of $4 million or less. 11 USCA §
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minimum contacts. A nonresident defendant’s forum-state connections, such as business activity or actions foreseeably leading to business activity, that are substantial enough to bring the defendant within the forum-state court’s personal jurisdiction without offending traditional notions of fair play and substantial justice. International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154 (1945). —
motive. Something, esp. willful desire, that leads one to act. — Also termed ulterior intent. Cf. INTENT. “The term ‘motive’ is unfortunately ambiguous. That feeling which internally urges or pushes a person to do or refrain from doing an act is an emotion, and is of course evidential towards his doing or not doing the
frustration, n. 1. The prevention or hindering of the attainment of a goal, such as contractual performance. commercial frustration. An excuse for a party’s nonperformance because of some unforeseeable and uncontrollable circumstance. — Also termed economic frustration. [Cases: Contracts 309(1). C.J.S. Contracts §§ 520–522, 524.] self-induced frustration. A breach of contract caused by one party’s
gravamen (gr[schwa]-vay-m[schwa]n). The substantial point or essence of a claim, grievance, or com-plaint.