commercially significant noninfringing use. Intellectual property. The routine use of a product in a way that does not infringe intellectual-property rights; the judicial test for determining whether the sale of a product amounts to contributory infringement. • If the product (such as a videotape recorder) can be used in a way that does not infringe […]
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hypothetical, adj. Involving tentative theory or supposition adopted provisionally; assumed or postulated merely for the sake of argument. hypothetical, n. A proposition or statement that is presumed true for the sake of logical analysis or debate. • Hypotheticals are often used as teaching tools to illustrate the application of legal principles or to explore the
latini juniani 〈拉〉(罗马法)尤利亚拉丁人 指住在拉丁平原的被解放奴隶，他们虽获得了自由但却不享有完全的市民权，是介于罗马市民〔cives romani〕与归降人〔dediticii〕之间的讲拉丁语的自由民〔libertini〕阶层。根据约公元前17年的《尤利亚法》〔Lex Junia〕，如果奴隶被非正式地解放，即享有自由和某些法律规定的权利。该阶层享有交易权〔jus commercii〕，但不得订立遗嘱或接受遗产，死后其遗产转归对他们仍保留一定控制权的主人所有。他们的孩子是生来自由的拉丁人，使用拉丁语〔latinitas〕并可以取得罗马公民资格。如奴隶的解放不符合《艾里亚和森迪亚法》〔Lex Aelia Sentia〕规定的条件，被解放的奴隶则只能使用尤利亚拉丁语；除非再次解放，不能取得公民资格。这一分类被优士丁尼废除。 (→liberti; libertini)
arm’s-length, adj. Of or relating to dealings between two parties who are not related or not on close terms and who are presumed to have roughly equal bargaining power; not involving a confidential relationship (an arm’s-length transaction does not create fiduciary duties between the parties). Cf. ARM-IN-ARM M. [Cases: Contracts 1; Fraud 7. C.J.S. Contracts
false-memory syndrome. The supposed recovery of memories of traumatic or stressful episodes that did not actually occur, often in session with a mental-health therapist. • This term is most frequently applied to claims by adult children that repressed memories of prolonged and repeated child sexual abuse, usu. by parents, have surfaced, even though there is
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A hazard that has its inception in mental attitudes. • Examples include dishonesty, carelessness, and insanity. The risk that an insured will destroy property or allow it to be destroyed (usu. by burning) in order to collect the insurance proceeds is a moral hazard. Also, an insured’s potential interest, if any, in the burning of
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
A juror who hides a potentially disqualifying bias or conflict of interest in order to serve on a jury. • A stealth juror may want to influence the outcome of the trial or may plan to reap a financial benefit from having inside access to the jury deliberations, esp. by writing a book about a
A lease that is collateral for the loan through which the lessor acquired the leased asset, and that provides the lender’s only recourse for nonpayment of the debt; a lease in which a creditor provides nonrecourse financing to the lessor (who has substantial leverage in the property) and in which the lessor’s net investment in
numerosity (n[y]oo-m[schwa]r-ahs-[schwa]-tee). The requirement that, for a case to be certified as a class action, the party applying for certification must show, among other things, that the class of potential plaintiffs is so large that the joinder of all of them into the suit is impracticable. See CLASS ACTION. [Cases: Federal Civil Procedure 163.]