self-help, n. An attempt to redress a perceived wrong by one’s own action rather than through the normal legal process. • The UCC and other statutes provide for particular self-help remedies (such as repossession) if the remedy can be executed without breaching the peace. UCC § 9-609. — Also termed self-redress; extrajudicial enforcement. [Cases: Secured […]
Thayer presumption. A presumption that allows the party against whom the presumption operates to come forward with evidence to rebut the presumption, but that does not shift the burden of proof to that party. See James B. Thayer, A Preliminary Treatise on Evidence 31–44 (1898). • Most presumptions that arise in civil trials in federal
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related proceeding. Bankruptcy. A proceeding that involves a claim that will affect the administration of the debtor’s estate (such as a tort action between the debtor and a third party), but that does not arise under bankruptcy law and could be adjudicated in a state court. • A related proceeding must be adjudicated in federal
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Rape committed by someone with whom the victim has had a significant association, often (though not always) of a romantic nature. • This term encompasses all types of relationships, including family, friends, dates, cohabitants, and spouses, in which the victim has had more than brief or perfunctory interaction with the other person. Thus it does
privy (priv-ee), n. pl. A person having a legal interest of privity in any action, matter, or property; a person who is in privity with another. • Traditionally, there were six types of privies: (1) privies in blood, such as an heir and an ancestor; (2) privies in representation, such as an executor and a
imitation. Trademarks. An item that so resembles a trademarked item as to be likely to induce the belief that it is genuine. See SIMILARITY. [Cases: Trade Regulation 339. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 84, 86.] “The law of trade marks is of recent origin, and may be comprehended in the proposition that a