Import–Export Clause. U.S. Const. art. I, § 10, cl. 2, which prohibits states from taxing imports or exports. • The Supreme Court has liberally interpreted this clause, allowing states to tax imports as long as the tax does not discriminate in favor of domestic goods. — Also termed Export Clause. [Cases: Customs Duties 1–2. C.J.S. […]
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somnambulism (sahm-nam-by[schwa]-liz-[schwa]m). Sleepwalking. • Generally, a person will not be held criminally responsible for an act performed while in this state.
march-in rights. Patents. The government’s right to step in and grant a new license or revoke an existing license if the owner of a federally funded invention (or the owner’s licensee) has not adequately developed or applied the invention within a reasonable time. 35 USCA § 203. [Cases: Patents 221. C.J.S. Patents §§ 393, 397–399.]
Court of Session. 1. Scots law. The supreme Scottish civil court. • Its jurisdiction corresponds generally to the English High Court of Justice. The Court of Session is divided into Outer House and Inner House. In Outer House, one judge hears cases of first instance. The Outer House’s jurisdiction corresponds generally to the English High
National Institute for Literacy. A federally aided institute that leads national efforts to achieve universal literacy. — Abbr. NIFL.
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adverse opinion 〈美〉相反意见书 注册会计师在审核企业会计报表后提出的一份意见书，说明会计报表不符合公认的会计准则〔Generally Accepted Accounting Principles/GAAP〕，或不符合企业的真实财务状况、经营成果及财务状况的变动情况。 (→opinion)
maternal-preference presumption. Family law. The belief that custody of a child, regardless of age, should generally be awarded to the mother in a divorce unless she is found to be unfit. • Most jurisdictions no longer adhere to the maternal-preference presumption. — Also termed maternal-preference doctrine. Cf. PRIMARY-CAREGIVER DOCTRINE; TENDER-YEARS DOCTRINE.
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all-steps rule. Patents. The doctrine that in order for a method or process claim to be literally infringed by an accused process, the accused process must have every step and limitation — or an equivalent — of the infringed claim. Cf. ALL-ELEMENTS RULE. [Cases: Patents 229. C.J.S. Patents § 410.]
foster care. 1. A federally funded child-welfare program providing substitute care for abused and neglected children who have been removed by court order from their parents’ or guardians’ care or for children voluntarily placed by their parents in the temporary care of the state because of a family crisis. 42 USCA §§ 670–679a. • The
good moral character, n. 1. A pattern of behavior that is consistent with the community’s current ethical standards and that shows an absence of deceit or morally reprehensible conduct. • An alien seeking to be naturalized must show good moral character in the five years preceding the petition for naturalization. [Cases: Aliens 62(5). C.J.S. Aliens
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