truck. Hist. Scots law. The payment of wages in scrip or goods. • Truck systems, once common where workers had to live in isolated areas and depended on company stores for food and clothing, were abolished in the 19th century. “Truck was payment not in money but in goods or tickets which could be exchanged […]
bootstrap doctrine. Conflict of laws. The doctrine that forecloses collateral attack on the jurisdiction of another state’s court that has rendered final judgment. • The doctrine applies when a court in an earlier case has taken jurisdiction over a person, over status, or over land. It is based on the principle that under res judicata,
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Employment law. The principle that, when the evidence in an employment-discrimination case shows that the complained-of employment action was based in part on a nondiscriminatory reason and in part on a discriminatory reason, the plaintiff must show that discrimination was a motivating factor for the employment action and, if the plaintiff makes that showing, then
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filiation (fil-ee-ay-sh[schwa]n). 1. The fact or condition of being a son or daughter; relationship of a child to a parent. • Despite Bentham’s protest (see below), filiation is usual in this sense. — Also termed filiality. “In English we have no word that will serve to express with propriety the person who bears the relation
A federal statute providing individuals with a right of action against foreign governments, under certain circumstances, to the extent the claim arises from the private, as opposed to the public, acts of the foreign state. 28 USCA §§ 1602–1611. — Abbr. FSIA. See RESTRICTIVE PRINCIPLE OF SOVEREIGN IMMUNITY. [Cases: International Law 10.31–10.39. C.J.S. International Law
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Paris Convention for the Protection of Industrial Property. A treaty designed to unify and streamline patent prosecutions and trademark applications among the signatories. • The Convention eased the harsh effects of the first-to-file priority rule by allowing an applicant in any member country one year in which to apply in other member countries while maintaining
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reenactment rule. In statutory construction, the principle that when reenacting a law, the legislature implicitly adopts well-settled judicial or administrative interpretations of the law. [Cases: Statutes 223. 5. C.J.S. Statutes §§ 356–357.]
causa causae est causa causati (kaw-z[schwa] kaw-zee est kaw-z[schwa] kaw-zay-tI). [Latin “the cause of a cause is the cause of the thing caused”] Torts. The principle that the cause of the cause (rather than only the immediate cause) should also be considered as the cause of the effect.
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delectus personae (di-lek-t[schwa]s p[schwa]r-soh-nee). [Latin “choice of the person”] The rule that when personal relations are important, a person cannot be compelled to associate with another person. • Based on this principle, a partner has the right to accept or reject a candidate proposed as a new partner.
notice-of-alibi rule. The principle that, upon written demand from the government, a criminal defendant who intends to call an alibi witness at trial must give notice of who that witness is and where the defendant claims to have been at the time of the alleged offense. • The government is, in turn, obligated to give
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