Federal Computer Fraud and Abuse Act. A law establishing civil liability for gaining unauthorized access to a computer and causing damage to that computer. • Damage is statutorily defined to include harm to the computer’s data, programs, systems, and information either by compromising integrity or by impairing availability. — Abbr. FCFAA.
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moral right. (usu. pl.) Copyright. The right of an author or artist, based on natural-law principles, to guarantee the integrity of a creation despite any copyright or property-law right of its owner. • Moral rights include rights of (1) attribution (also termed “paternity”): the right to be given credit and to claim credit for a
Evidence that is inferior to the primary or best evidence and that becomes admissible when the primary or best evidence is lost or inaccessible. • Examples include a copy of a lost instrument and testimony regarding a lost instrument’s contents. — Also termed mediate evidence; mediate testimony; substitutionary evidence. See Fed. R. Evid. 1004. Cf.
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constructive-receipt doctrine. The rule that gross income under a taxpayer’s control before it is actually received (such as accumulated interest income that has not been withdrawn) must be included by the taxpayer in gross income, unless the actual receipt is subject to significant constraints. IRC (26 USCA) § 451. [Cases: Internal Revenue 3081.]
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biens (beenz or byenz). [French] Hist. Goods; property. • Biens includes real property in most civil-law jurisdictions. Cf. BONA.
spouse. One’s husband or wife by lawful marriage; a married person. [Cases: Husband and Wife 1.] innocent spouse. Tax. A spouse who may be relieved of liability for taxes on income that the other spouse did not include on a joint tax return. • The innocent spouse must prove that the other spouse omitted the
building. A structure with walls and a roof, esp. a permanent structure. • For purposes of some criminal statutes, such as burglary and arson, the term building may include such things as motor vehicles and watercraft. accessory building. A building separate from but complementing the main structure on a lot, such as a garage. •
mortgage-guarantee insurance. Insurance provided by the Mortgage Guarantee Insurance Company to mortgage lenders that grant mortgages to parties having less than a 20% down payment. • The cost of the insurance is included in the closing costs. [Cases: Mortgages 201. C.J.S. Mortgages §§ 311–314.]
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abnormally dangerous activity. An undertaking that necessarily carries with it a significant risk of serious harm even if reasonable care is used, and for which the actor may face strict liability for any harm caused; esp., an activity (such as dynamiting) for which the actor is held strictly liable because the activity (1) involves the
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Border and Transportation Security Directorate. The division of the U.S. Department of Homeland Security responsible for maintaining the safety of the nation’s borders and transportation systems. • The Directorate includes the Transportation Security Administration, the U.S. Customs Service, the border security functions of the U.S. Citizenship and Immigration Service, the Animal & Plant Health Inspection
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