Trademarks. The rule that, absent evidence to the contrary, the sale of an entire business carries with it and transfers to the purchaser any common-law marks used in that business without the need for a written assignment. • For marks registered under the Lanham Act or under some state registration schemes, a written assignment is […]
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administrative law 行政法 指规范政府行政机关的组织和活动，调整行政机关与立法机关、司法机关和公众关系的法律总称。它可以分为三个部分：１授予行政机关权力及确立与这些权力相关的实体法规则的法律；２由行政机关制定的法规，包括行政规则〔administrative rules〕、行政法规〔administrative regulations〕、行政裁决汇编〔administrative reports〕等；３当行政机关的行政行为与公民权利相冲突时，调整这些冲突的法律原则和程序。在英美法律制度中，行政法经历了长期的孕育和阵痛过程，目前虽还不很成熟，但已初具规模，摆脱了英美不存在行政法的盲目偏见。现在行政法是英美法学院中教授的、为理解其整个法律制度所必需的一个法律部门。
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procurement contract 〈美〉采购合同 指政府与供应商、制造商、机构或服务单位签订的向政府提供产品或服务的合同。此项合同由政府规章、示范文本等规范，亦称作「government contract」。 (→Federal Acquisition Regulations)
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Federal Register. A daily publication containing presidential proclamations and executive orders, federal-agency regulations of general applicability and legal effect, proposed agency rules, and documents required by law to be published. • The Federal Register is published by the National Archives and Records Administration. — Abbr. Fed. Reg. [Cases: Administrative Law and Procedure 407. C.J.S. Public
risk-capital test. Securities. A test of whether a transaction constitutes the sale of a security (and is thus subject to securities laws) based on whether the seller is soliciting risk capital with which to develop a business venture. Cf. CAPITAL-RISK TEST. [Cases: Securities Regulation 5, 248, 249. C.J.S. Securities Regulation §§ 3, 9, 379–380, 384–387,
market-participant doctrine. The principle that, under the Commerce Clause, a state does not discriminate against interstate commerce by acting as a buyer or seller in the market, by operating a proprietary enterprise, or by subsidizing private business. • Under the Dormant Commerce Clause principle, the Commerce Clause — art. I, § 8, cl. 3 of
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Securities. The defense that part of the plaintiff’s damages were caused by factors other than the depreciation in value of the securities resulting from registration-statement defects. • If negative causation is proved, the plaintiff’s damages should be reduced. 15 USCA § 77k(e). [Cases: Securities Regulation 25.21(5). C.J.S. Securities Regulation § 89.]
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bracket system. Tax law. A system for collecting a sales tax based on an index providing for a graduated payment depending on the purchase price of the item, the purpose being fourfold: (1) to avoid having the seller collect a tax less than one cent; (2) to avoid requiring the state to figure the exact
administrative law. The law governing the organization and operation of administrative agencies (including executive and independent agencies) and the relations of administrative agencies with the legislature, the execu-tive, the judiciary, and the public. • Administrative law is divided into three parts: (1) the statutes endowing agencies with powers and establishing rules of substantive law relating
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selective enforcement. The practice of law-enforcement officers who use wide or even unfettered discretion about when and where to carry out certain laws; esp., the practice of singling a person out for prosecution or punishment under a statute or regulation because the person is a member of a protected group or because the person has
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