criminal policy. The branch of criminal science concerned with protecting against crime. • It draws on information provided by criminology, and its subjects for investigation are (1) the appropriate measures of social organization for preventing harmful activities, and (2) the treatment to be accorded to those who have caused harm, whether the offenders are to […]
Occupational Safety and Health Act of 1970. A federal statute that requires employers to (1) keep the workplace free from recognized hazards that cause or are likely to cause death or serious physical harm to employees, and (2) comply with standards promulgated by the Secretary of Labor. — Abbr. OSHA (oh-sh[schwa]). [Cases: Labor Relations 9.
occupational safety and health act of 1970 Read More »
A pleading that replaces an earlier pleading and that contains matters omitted from or not known at the time of the earlier pleading. Cf. supplemental pleading. [Cases: Federal Civil Procedure 821–852.1; Pleading 229–271. C.J.S. Architects § 42; Pleading §§ 323–455.]
copyrightability test. A judicial test for determining whether a contributor to a joint work is an author for legal purposes, based on whether the contributor’s effort is an original expression that could qualify for copyright protection on its own. • This test has been adopted by a majority of courts that have addressed the question.
copyrightability test Read More »
sub potestate parentis (s[schwa]b poh-tes-tay-tee p[schwa]-ren-tis). [Latin] Hist. Under the protection of a parent.
sub potestate parentis Read More »
neutron-activation analysis. A method of identifying and analyzing physical evidence by measuring gamma rays emitted by a sample of material after that material has been bombarded with neutrons in a nuclear reactor. • This technique can be used, for example, to detect gunshot residue on the hand of someone who recently fired a gun. The
neutron activation analysis Read More »
clear-and-present-danger test. Constitutional law. The doctrine allowing the government to restrict the First Amendment freedoms of speech and press if necessary to prevent immediate and severe danger to interests that the government may lawfully protect. • This test was formulated by Justice Oliver Wendell Holmes in Schenck v. United States, 249 U.S. 47, 39 S.Ct.
clear and present danger test Read More »
proprietary (pr[schwa]-prI-[schwa]-ter-ee), adj. 1. Of or relating to a proprietor (the licensee’s proprietary rights). 2. Of, relating to, or holding as property (the software designer sought to protect its proprietary data).
The position of one standing or acting for another, esp. through delegated authority [an agent acting in a representative capacity for the principal]. [Cases: Principal and Agent 1. C.J.S. Agency §§ 2, 4–6, 23, 25–27, 33, 38–40, 58; Architects § 21.]
representative capacity Read More »
safe-haven law. Family law. A statute that protects a parent who abandons a baby at a designated place such as a hospital, a physician’s office, or a fire station, where it can receive emergency medical assistance as needed. • The law typically stipulates that a parent who leaves a baby at such a place will