A system of law covering the structure and beliefs of
the Roman Catholic church. Some of its provisions directly influenced English
law, and through it, American law.
In contract law, the ability to enter into a
contract; that is, the ability to understand the nature and effect of one's own
acts.
An association of competing companies who have
formally agreed to act in restraint of trade by, for example, fixing prices or
dividing up territorial shares. Such an agreement is illegal per se under antitrust
law.
A written abstract of a case, intended to highlight
salient facts and summarize the principles of law at issue.
In deontological theory, a doctrine holding that we
have an absolute obligation to treat other people as ends in themselves, not as
mere means to our ends.
In tort law, a standard for determining whether a
defendant's conduct was a cause of the plaintiff's injury. A defendant's action
was a cause in fact of an injury if the injury would not have occurred without
the defendant's negligence.
A 1950 amendment to the Clayton Act directed at
regulating mergers.
A method by which a case decided in a lower court may
be reviewed on appeal by the U. S. Supreme Court or another high court. The
court issues a writ of certiorari to enable itself to review a case it wishes
to hear.
A device that allows a lawyer to excuse a potential
juror from serving if the juror is discovered to be biased or prejudiced.
The title of the bankruptcy code that covers
liquidation of debtors assets.
The title of the bankruptcy code that covers
reorganization of debtors finances.
The title of the Bankruptcy Reform Act that includes
the Family Farm Bankruptcy Act of 1986.
The title of the Bankruptcy Reform Act that covers
debtors repayment plans.
An article of movable personal property.
In a labor agreement, a provision that requires
employers to deduct union dues from the wages of workers who ask to have this
done.
A feature of the federal government's system of
separation of powers. Each of the three branches of the federal government is
given certain authority over the other two branches, so that each branch is
able to check the power of the others.
Evidence that indirectly shows a fact that is sought
to be proved.
A doctrine used by courts to limit union activity by
employees. It held that an employee group could be restrained from activities
that harmed others even if the group's purpose was legal. It was effectively
overturned by the Norris-LaGuardia Act in 1932.
Refusal to adhere to the rule of law because of
disagreement with government policy.
A legal system derived from the law of ancient Rome, based
on a series of comprehensive and systematic codes. Today it is followed in most
European countries and to some degree in the state of Louisiana.
A comprehensive federal law outlawing discrimination
in employment, housing, and voter registration; providing for equal access to
public facilities; and denying federal funds to segregated programs and
organizations.
A cause of action asserting a right to recover money
or property.
A lawsuit on behalf of a group of people with a
common interest, brought by one or more members of the group.
Antitrust legislation passed by Congress in 1914.
Among other things, it prohibits exclusive dealing, tie-in arrangements, and
certain corporate mergers, where the effect of any of these may be to
substantially lessen competition.
Legislation passed by Congress in 1963 that permits
the Environmental Protection Agency to set air quality standards, limit the
release of air pollutants, and establish controls on automobile emissions.
Legislation enacted by Congress in 1972 and amended
in 1977, intended to curb the discharge of pollutants into navigable waters and
to achieve a level of water quality that will protect fish and other wildlife.
A corporation that has relatively few shareholders,
whose stock is privately traded, and whose shareholders usually participate in
managing the corporation's activities.
A statement that summarizes the presentation of a
case at trial, delivered by both sides lawyers after all the evidence has been
presented.
A set of statutes enacted by federal or state
legislatures, compiled and organized by subject.
The collection of regulations issued by the federal
administrative agencies, arranged by subject and title and updated annually.
The process of negotiation of a contract between an
employer and a labor union. The contract, a collective bargaining agreement,
sets out the terms and conditions of employment for the duration of the
agreement and is enforceable in court.
The clause contained in Article I of the Constitution
that gives Congress the power to regulate commerce with foreign nations and
among the states. The clause empowers Congress to regulate any aspect of the
delivery of any product or service across state lines, and to regulate local
commercial and noncommercial activities that affect interstate commerce.
Speech made for economic or business purposes; for
example, commercial advertising. Originally, the government was free to
restrict the content of commercial speech because it was not protected under
the First Amendment. Courts now consider commercial speech to be entitled to
some First Amendment protection but not as much as political speech.
The system of law that is applied in England, its colonies,
and its former colonies, including the U. S. It is based on case law, in which
decisions handed down by judges in individual cases serve as precedents for
later decisions.
The concept that wages should be based on the
intrinsic value of a job rather than market forces, so that people in
traditionally female occupations and those in traditionally male occupations,
whose jobs are unrelated but of comparable value, should be paid a comparable
salary.
In tort law, a standard for measuring the relative
negligence of all the parties whose actions have led to an injury, and
apportioning the damages accordingly. In states that have enacted
"pure" comparative negligence laws, a plaintiff who is partially at
fault may still recover damages from a negligent defendant, regardless of the
plaintifF's percentage of fault. In "partial" comparative negligence
states, the plaintiff may not recover if he or she is judged more than 50
percent at fault.
A statistical approach used in determining whether
illegal employment discrimination has occurred. The approach is based on the
idea that the rates of hiring, firing, and promotion should be approximately
the same for all groups.
An amount of money awarded to redress an injury or a
breach of contract, intended to put the plaintiff in the position he or she
would have occupied had the contract not been breached or the injury not
occurred.
In a market of pure competition, all firms have an
equal opportunity to rival one another for business. Competing firms rival one
another in an open market.
The written statement of the plaintifF's claim,
delivered to the defendant as the first step in a lawsuit.
A process required in the event of an impasse under
some labor agreements with federal employees. In such cases, the arbitrator is
given broad power to settle disputes over the terms of the contract.
In antitrust law, a term referring to the percentage
of a market held by the largest several companies.
The power to hear a particular case, exercised by two
or more courts at the same time.
An opinion delivered by a judge who agrees with the
conclusions of the majority but not its reasoning.
In antitrust law, an approach used to determine the
presence of illegal monopoly power, focusing on the behavior, not the size, of
a company.
A merger that is neither horizontal nor vertical-that
is, a merger between companies that are not competitors and do not have a
buyer-supplier relationship. The majority of modern corporate mergers are of
this type.
Agreement by a party to be subject to the decision of
the courts of a particular state, regardless of whether the party is present or
domiciled in that state. In tort law, a defense based on the theory that a
person who has agreed to participate in some activity cannot be awarded damages
for an injury resulting from that activity.
An order issued by an administrative agency after
settling a dispute with a defendant. The order specifies the terms agreed to by
the parties.
Compensation for an injury that did not result
directly from the defendant's act, but was a natural and probable consequence
of that act.
In contract law, an element of a valid contract
consisting of either a benefit enjoyed by the promisor or a detriment suffered
by the promisee-that is, something valuable that changes hands between the
parties to the contract.
In antitrust law, a prohibited practice involving two
elements: evidence of planned action intended to create a monopoly, and an
overt action.
Legislation enacted by Congress in 1968, intended to
ensure that consumers are treated in a fair and nondiscriminatory manner.
Information about a consumer's credit history
furnished by private companies to prospective employers, lenders, insurers, and
providers of credit.
A procedure authorized under some collective
bargaining agreements, in which a joint committee is formed to continue
bargaining during the time the agreement is in effect in order to resolve
problems that arise during that time. Used as a method of avoiding stalled
negotiations and strikes.
A legally enforceable agreement, oral or written,
based on mutual assent and specifying certain rights and duties.
One of several philosophical theories based on
formulating absolute rules for organizing society at large. The writers Hobbes
and Locke both envisioned society as governed by a social.
A doctrine that prevents a plaintiff from recovering
damages in a tort claim where the plaintiff's own actions contributed in any
degree to the injury. Most states have discarded the contributory negligence
doctrine and enacted laws applying a comparative negligence standard.
The unlawful appropriation and use of another's
property.
A right, granted by statute, that protects the work
of authors and artists, giving holders the exclusive right to reproduce their
works and sell and distribute printed copies.
The decision-making process involving the
shareholders, directors, and officers of a corporation.
A form of business organization that is recognized as
an entity separate and distinct from its owners (the shareholders), directors,
and officers. The corporation itself is solely liable for the obligations of
the business.
Quality An organization created under the National
Environmental Policy Act to advise the President on how current and proposed
environmental policies and programs may affect the environment, and to set
rules for agencies to enable them to meet the goals of NEPA.
A claim made by a defendant that raises a separate
cause of action from the plaintiff's claim against the defendant.
An offeree's proposal of different contract terms
from those stated by the offeror.
A standard formerly used by the Justice Department
for determining which mergers to prosecute as illegal. The standard focused on
the shares of the four largest firms in a market to deter mine whether the
market was highly concentrated. It was replaced by the Herfindahl-Hirschman
Index in 1984.
A labor union local in which all members do the same
kind of work in the same geographical area.
An amount extended to a buyer or borrower in the
belief that what has been given will eventually be repaid.
A rationale used by courts in the 19th century to
effectively hamper union activity. Employees who attempted to organize were
punished on the ground that their efforts were criminal conspiracies.
A standard for measuring product supply or demand. If
buyers are freely willing to switch from one product to another, then a high
cross-elasticity of demand is said to exist between the two products.
The examination of a witness at trial by the lawyer
opposing the party who produced the witness.
A "shark-repellent" device (strategy for
resisting a tender offer). Under this option, the target company sells off the
assets that would tempt anyone to take over the company.
A method of voting used to elect corporate directors.
A shareholder's votes equal the number of shares he or she owns, multiplied by
the number of seats to be filled; the votes may be distributed however the
shareholder chooses. This method is intended to prevent minority shareholders
from always being outvoted.
In criminal procedure, restraint and physical control
over a person, or actual imprisonment.
