Westminster the First, Statute of. Hist. An English statute divided into 51 chapters (later correlating to separate acts of Parliament), including provisions (1) protecting the property of the church from the violence and spoliation of the Crown and nobles; (2) providing for the freedom of popular elections; (3) enforcing the rules contained in Magna Carta […]
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Archaic. The public distribution of an author’s work on a scale large enough to qualify for federal statutory copyright protection. • Since 1976 copyright has protected works from their creation, rather than their publication.
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A jury consisting of jurors who are selected for their special qualities, such as advanced education or special training, sometimes used in a complex civil case (usu. by stipulation of the parties) and sometimes also for a grand jury (esp. one investigating governmental corruption). • A blue-ribbon jury is not allowed in criminal trials because
patent pending. The designation given to an invention while the Patent and Trademark Office is processing the patent application. • No protection against infringement exists, however, unless an actual patent is granted. — Abbr. pat. pend. [Cases: Patents 104. C.J.S. Patents §§ 145–147, 149–151, 173–175.]
loan value. Insurance. 1. The maximum amount that may be lent safely on property or life insurance without jeopardizing the lender’s need for protection from the borrower’s default. 2. The amount of money an insured can borrow against the cash value of his or her life-insurance policy. [Cases: Insurance 1868. C.J.S. Insurance §§ 352–356.]
aggressor doctrine. The principle precluding tort recovery for a plaintiff who acts in a way that would provoke a reasonable person to use physical force for protection, unless the defendant in turn uses excessive force to repel the plaintiff. [Cases: Assault and Battery 13. C.J.S. Assault and Battery §§ 19–21.]
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A mark owner’s written request, filed with the U.S. Patent and Trademark Office, for federal registration of a mark, accompanied by a sample of the mark to be protected and the filing fee. • The application may describe either an existing mark that is in use or a proposed mark. — Also termed servicemark application.
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Temporary Emergency Court of Appeals. Hist. A special U.S. court created in 1971 with exclusive jurisdiction over appeals from federal district courts in cases arising under the wage-and-price-control program of the Economic Stabilization Act of 1970. • The court consisted of nine district and circuit judges appointed by the Chief Justice. This court was abolished
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performance right. A copyright holder’s exclusive right to recite, play, act, show, or otherwise render the protected work publicly, whether directly or by technological means (as by broadcasting the work on television). • Every public performance of a copyrighted work requires authorization from the copyright owner or its representative, unless a statutory ephemeral-recording exemption applies.
A close alignment of interests between actual parties and potential parties in a lawsuit, so that the interests of potential parties are sufficiently protected by the actual parties. • The concept of adequate representation is often used in procedural contexts. For example, if a case is to be certified as a class action, there must
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