fair use. Copyright. A reasonable and limited use of a copyrighted work without the author’s permission, such as quoting from a book in a book review or using parts of it in a parody. • Fair use is a defense to an infringement claim, depending on the following statutory factors: (1) the purpose and character […]
squalor carceris (skway-lor kahr-s[schwa]r-is). [Law Latin] Scots law. The strictness of imprisonment. “This term means merely the strictness of imprisonment which a creditor is entitled to enforce, with the view of compelling the debtor to pay the debt, or disclose any funds which he may have concealed. It does not imply (as it did with
lex talionis (leks tal-ee-oh-nis). [Law Latin] The law of retaliation, under which punishment should be in kind — an eye for an eye, a tooth for a tooth, and so on — but no more. — Also termed eye for an eye; jus talionis; principle of retribution. “Kant, for example, expresses the opinion that punishment
utility. 1. The quality of serving some function that benefits society; meritoriousness. 2. Patents. Capacity to perform a function or attain a result claimed for protection as intellectual property. • In patent law, utility is one of the three basic requirements of patentability, the others being nonobviousness and novelty. In the calculation of damages for
levari facias (l[schwa]-vair-Ifay-shee-[schwa]s). [Law Latin “that you cause to be levied”] A writ of execution ordering a sheriff to seize a judgment debtor’s goods and income from lands until the judgment debt is satisfied. • This writ is now used chiefly in Delaware. Cf. FIERI FACIAS. [Cases: Execution 15. C.J.S. Executions § 18.] levari facias
non constat (non kon-stat). [Latin “it is not settled”] It is not certain or agreed. • The phrase is generally used to state that some conclusion does not necessarily follow although it might appear on its face to follow. Cf. NON SEQUITUR . “Non Constat …. Words frequently used, particularly in argument, to express dissatisfaction
goodwill. A business’s reputation, patronage, and other intangible assets that are considered when appraising the business, esp. for purchase; the ability to earn income in excess of the income that would be expected from the business viewed as a mere collection of assets. • Because an established business’s trademark or servicemark is a symbol of
venditioni exponas (ven-dish-ee-oh-nI eks-poh-n[schwa]s). [Latin “you are to expose for sale”] A writ of execution requiring a sale to be made. • The writ is directed to a sheriff when he has levied upon goods under a fieri facias but has made return that they remain unsold for lack of buyers. In some jurisdictions, a
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National Labor Relations Board. An independent five-member federal board created to prevent and remedy unfair labor practices and to safeguard employees’ rights to organize into labor unions. • The board hears complaints of unfair labor practices and issues orders that can be reviewed or enforced by a U.S. court of appeals. The agency was created
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time-shifting. The practice of recording a broadcast for viewing at a later time. • Time-shifting was found to be a noninfringing fair use of videotape recorders in Sony Corp. v. Universal Studios, Inc., 464 U.S. 417, 104 S.Ct. 774 (1984). [Cases: Copyrights and Intellectual Property 67. 1. C.J.S. Copyrights and Intellectual Property §§ 51–52, 54.]