customary law. Law consisting of customs that are accepted as legal requirements or obligatory rules of conduct; practices and beliefs that are so vital and intrinsic a part of a social and economic system that they are treated as if they were laws. — Also termed consuetudinary law. “In contrast with the statute, customary law […]
tout ensemble (toot oni-soin-bl[schwa]), n. [French “all together”] The overall visual effect of a design; general effect. • The phrase denotes a way of comparing two designs, by looking at the total impact rather than comparing individual design elements. That is the technique used in determining whether a design infringes someone’s trade-dress rights, or whether
A promise to guarantee the debt of another, made primarily for the benefit of the party making the promise. • An original promise need not be in writing to be enforceable. See MAIN-PURPOSE RULE. [Cases: Frauds, Statute of 23.]
prevailing party 胜诉当事人 指在诉讼中全部或部分获胜的当事人。当事人胜诉，并非指其在诉讼各个阶段取得成功的程度，而是指在诉讼或其他程序终结时，其向对方提出的请求或答辩得到法庭的支持。依美国《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕的规定，胜诉当事人因诉讼支出的费用可获得补偿。 (→Equal Access to Justice Act)
perpetuity n. (1)永续；永存 (2)(古)永业；永久拥有(的权益)；不得转让的权益 (3)(财产的)永久处分；财产永久权 永久或长期限制不动产权益转让的财产处分，属违法行为。 (→rule against perpetuities)
adjudicate ([schwa]-joo-di-kayt), vb. 1. To rule upon judicially. 2. ADJUDGE (2). 3. ADJUDGE(3). — Also termed judicate.
rubric (roo-brik). 1. The title of a statute or code (the rubric of the relevant statute is the Civil Rights Act of 1964). 2. A category or designation (assignment of rights falls under the rubric of contract law). 3. An authoritative rule, esp. for conducting a public worship service (the rubric dictates whether the congregation
occupatio (ok-y[schwa]-pay-shee-oh), n. Roman law. A mode of acquisition by which a person obtains absolute title by first possessing a thing that previously belonged to no one, such as a wild bird or pearls on the shore. Cf. RULE OF CAPTURE(2).
failing-company doctrine. Antitrust. The rule that allows an otherwise proscribed merger or acquisition between competitors when one is bankrupt or near failure. 15 USCA §§ 12–27. — Also termed failing-firm defense. [Cases: Monopolies 20(1). C.J.S. Monopolies §§ 106–111, 115–116, 125.] “The 1992 guidelines provide a limited defense for failing firms and failing divisions of firms.
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regnant (reg-n[schwa]nt), adj. Exercising rule, authority, or influence; reigning (a queen regnant).