Material depicting a person under the age of 18 engaged in sexual activity. • Child pornography is not protected by the First Amendment — even if it falls short of the legal standard for obscenity — and those directly involved in its distribution can be criminally punished. [Cases: Infants 13; Obscenity 5. C.J.S. Infants §§ […]
equity of redemption. Real estate. The right of a mortgagor in default to recover property before a foreclosure sale by paying the principal, interest, and other costs that are due. • A defaulting mortgagor with an equity of redemption has the right, until the foreclosure sale, to reimburse the mortgagee and cure the default. In
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most-favored-nation treatment. Intellectual property. The practice or policy of automatically and unconditionally granting any intellectual-property protection, advantage, favor, privilege, or immunity that by treaty is extended to nationals of any member country to the nationals of all member countries. • This treatment is incorporated into the TRIPs Agreement. — Abbr. MFN treatment.
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An easement created to protect the dominant estate’s exposure to the direct rays of the sun. • A solar easement is often created to prevent the servient-estate owner from constructing any building that would cause shadows on the dominant estate, thus interfering with the use of a solar-energy system. Cf. light-and-air easement. [Cases: Easements 11,
conventionalism. A jurisprudential conception of legal practice and tradition holding that law is a matter of respecting and enforcing legal and social rules. “Conventionalism makes two postinterpretive, directive claims. The first is positive: that judges must respect the established legal conventions of their community except in rare circumstances. It insists, in other words, that they
United States Court of Appeals for the Federal Circuit 联邦巡回上诉法院 1982年由原美国索赔法院〔U.S. Court of Claims〕和原关税与专利上诉法院〔Court of Customs and Patent Appeals〕合并而设立的中间上诉法院，受理有关专利、植物品种保护、版权、商标、对美国政府的合同和财产权利请求等的上诉案件。对美国索赔法院〔U.S. Court of Federal Claims〕、美国国际贸易法院〔U.S. Court of International Trade〕、美国退伍军人上诉法院〔U.S. Court of Veterans Appeals〕的判决，以及功绩制保护委员会〔Merit Systems Protection Board〕、专利和商标局〔Patent and Trademark Office〕、国际贸易委员会〔International Trade Commission〕和其他一些行政机构的决定均可向该法院提出上诉。
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A temporary remedy awarded before judgment and pending the action’s disposition, such as a temporary restraining order, a preliminary injunction, a prejudgment receivership, or an attachment. • Such a remedy is intended to maintain the status quo by protecting a person’s safety or preserving property. [Cases: Attachment 1; Indemnity 20. C.J.S. Attachment §§ 2–4, 7;
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Evidence that is exempt from production to an opposing party or tribunal (with certain limited exceptions) because it is covered by one or more statutory or common-law protections, such as the attorney–client privilege. See privileged communication under COMMUNICATION. [Cases: Witnesses 184–223. C.J.S. Witnesses §§ 297–389.]
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asexually reproducing plant. Patents. A plant that reproduces other than by seeds. • Examples of asexual re-production include cutting, grafting, and budding. Only new, distinctive, and nonobvious species of asexually reproducing plants may be protected under the Plant Patent Act. 35 USCA § 161. [Cases: Patents 14. C.J.S. Patents § 22.]
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Wage and Hour Division. The division of the Employment Standards Administration in the U.S. Department of Labor responsible for enforcing the Fair Labor Standards Act, the Family and Medical Leave Act, the Employee Polygraph Protection Act, and other workplace-related statutes and regulations. — Abbr. WHD. See EM-PLOYMENT STANDARDS ADMINISTRATION.
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