Marine insurance. A provision establishing that the marine insurer will cover the costs incurred by the insured in protecting the covered property from damage or minimizing actual damages to the property. • The clause generally requires the insurer to “sue and labor” to protect the insured party’s interests. — Also termed rescue clause. [Cases: Insurance […]
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consortium (k[schwa]n-sor-shee-[schwa]m). 1. The benefits that one person, esp. a spouse, is entitled to receive from another, including companionship, cooperation, affection, aid, financial support, and (between spouses) sexual relations (a claim for loss of consortium). See LOSS OF CONSORTIUM; CONJUGAL RIGHTS . filial consortium (fil-ee-[schwa]l). A child’s society, affection, and companionship given to a parent.
Berlin Act. Copyright. A 1908 revision of the Berne Convention prohibiting formalities as a requirement for copyright protection, recommending (but not requiring) a term of protection equal to the life of the author plus 50 years, and expanding the types of works eligible for copyright protection. • Motion pictures were included in copyright protection for
Department of Commerce. The cabinet-level department of the federal government responsible for promoting the nation’s international trade, economic growth, and technical advancement. • Designated as a department in 1913, it is headed by the Secretary of Commerce. — Abbr. DOC.
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parody. Intellectual property. A transformative use of a well-known work for purposes of satirizing, ridiculing, critiquing, or commenting on the original work, as opposed to merely alluding to the original to draw attention to the later work. • In constitutional law, a parody is protected as free speech. In copyright law, a work must meet
An action brought to enforce, redress, or protect a private or civil right; a noncriminal litigation. — Also termed (if brought by a private person) private action; (if brought by a government) public action. [Cases: Action 1. C.J.S. Actions §§ 2–9, 11, 17, 21, 32–33, 36.]
Lord Campbell’s Act. 1. The 1846 English statute that created a wrongful-death claim for the relatives of a decedent when the decedent would have had a claim if he or she had been merely injured and not killed. • Technically known as the Fatal Accidents Act of 1846, this statute changed the earlier rule, under
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privacy law. 1. A federal or state statute that protects a person’s right to be left alone or that restricts public access to personal information such as tax returns and medical records. — Also termed privacy act. [Cases: Records 31. C.J.S. Criminal Law §§ 449–450; Records§§ 74–92.] 2. The area of legal studies dealing with
quartering, n. Hist. 1. The dividing of a criminal’s body into quarters after execution, esp. as part of the punishment for a crime such as high treason. See HANGED, DRAWN, AND QUARTERED. 2. The furnishing of living quarters to members of the military. • The Third Amendment generally protects people from being forced to use