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In Terrorem
''In terrorem'', Latin for "into/about fear", is a legal threat, usually one given in hope of compelling someone to act without resorting to a lawsuit or criminal prosecution. ''In terrorem'' clauses (referred to in English as no-contest clauses) are also used in wills to keep beneficiaries from contesting the will by either completely disinheriting them from any share, or reducing their share to a nominal amount. These clauses are not uniformly recognized. Examples of use The term was used in the 2007 U.S. Supreme Court decision '' Bell Atlantic Corp. v. Twombly'', which stated: "The requirement of allegations suggesting an agreement serves the practical purpose of preventing a plaintiff with 'a largely groundless claim' from 'tak ngup the time of a number of other people, with the right to do so representing an ''in terrorem'' increment of the settlement value'" (quoting '' Blue Chip Stamps v. Manor Drug Stores''). In other words, the court worried that the threat of an e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. At the time (1934) was adopted, federal courts were generally required to follow the procedural rules of the states in which they sat, but they were free to apply federal common law in cases not governed by a state constitution or state statute. Whether within the intent of Congress or not when adopting 28 U.S.C. 724 (1934), the situation was effectively reversed in 1938, the year the Federal Rul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Graduated Response
Graduated response (also known as three strikes) is a protocol or law, adopted in several countries, aimed at reducing unlawful file sharing. In response to online copyright infringement, the creative industries, who are reliant on copyright, advocate a "graduated response" that sees infringers sent a series of notifications, warning those who have been alleged to have infringed copyright, plus additional information on how to secure their Internet connection and details of legal alternatives. Repeat-infringers risk intermediate technical measures such as bandwidth reduction, protocol blocking and, in a worst-case scenario, temporary access suspension. The content industry has gained the co-operation of internet service providers (ISPs), asking them to provide subscriber information for IP addresses identified by third parties as engaged in copyright infringement. Early developments The content industry's proposal for internet service providers to throttle, temporarily suspen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barratry (common Law)
Barratry ( , from Old French ("deceit, trickery")) is a legal term that, at common law, described a criminal offense committed by people who are overly officious in instigating or encouraging prosecution of groundless litigation, or who bring repeated or persistent acts of litigation for the purposes of profit or harassment. Although it remains a crime in some jurisdictions, barratry has frequently been abolished as being anachronistic and obsolete. If barratrous litigation is deemed to be for the purpose of silencing critics, it is known as a strategic lawsuit against public participation (SLAPP). Jurisdictions that otherwise have no barratry laws may have SLAPP laws. Barratry by country Australia In Australia, the term barratry is predominantly used in the first sense of a frivolous or harassing litigant. The concept has fallen into disuse in Australia. New South Wales The offence of being a common barrator was abolished in New South Wales by Section 4A of the Maintenanc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Argumentum Ad Baculum
''Argumentum ad baculum'' (Latin for "argument to the cudgel" or "appeal to the stick") is a type of argument made when one attempts to appeal to force to bring about the acceptance of a conclusion. One participates in ''argumentum ad baculum'' when one emphasizes the negative consequences of holding the contrary position, regardless of the contrary position's truth value—particularly when the argument-maker himself causes (or threatens to cause) those negative consequences. It is a special case of the appeal to consequences. Argumentation scholar Douglas Walton states that many texts on the matter "take it for granted that ad baculum arguments are inherently fallacious." and continued that "some of the textbooks, especially some of the more interesting accounts, suggest that this type of argument may not always be fallacious, and cite instances where appealing to force or threat or fear could be reasonable in a given context. The issue raised by these provocative accounts is h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ontario Superior Court Of Justice
The Superior Court of Justice (French: ''Cour supérieure de justice'') is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges. In 1999, the Superior Court of Justice was renamed from the Ontario Court (General Division). The Superior Court is one of two divisions of the Court of Ontario. The other division is the lower court, the Ontario Court of Justice. The Superior Court has three specialized branches: Divisional Court, Small Claims Court, and Family Court. The Superior Court has inherent jurisdiction over civil, criminal, and family law matters at common law. Although the Court has inherent jurisdiction, the authority of the Court has been entrenched in the Canadian Constitution. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Snowball Effect
A snowball effect is a process that starts from an initial state of small significance and builds upon itself (an exacerbating feedback), becoming larger (graver, more serious), and also perhaps potentially more dangerous or disastrous (a vicious circle), though it might be beneficial instead (a virtuous circle). This is a cliché in cartoons and modern theatrics, and it is also used in psychology. The common analogy is with the rolling of a snowball down a snow-covered hillside. As it rolls the ball will pick up more snow, gaining more mass and surface area, and picking up even more snow and momentum as it rolls along. In aerospace engineering, it is used to describe the multiplication effect in an original weight saving. A reduction in the weight of the fuselage will require less lift, meaning the wings can be smaller. Hence less thrust is required and therefore smaller engines, resulting in a greater weight saving than the original reduction. This iteration can be rep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slippery Slope
In a slippery slope argument, a course of action is rejected because the slippery slope advocate believes it will lead to a chain reaction resulting in an undesirable end or ends. The core of the slippery slope argument is that a specific decision under debate is likely to result in unintended consequences. The strength of such an argument depends on whether the small step really is likely to lead to the effect. This is quantified in terms of what is known as the Warrant (rhetoric), warrant (in this case, a demonstration of the process that leads to the significant effect). This type of argument is sometimes used as a form of fearmongering in which the probable consequences of a given action are exaggerated in an attempt to scare the audience. When the initial step is not demonstrably likely to result in the claimed effects, this is called the slippery slope fallacy. This is a type of informal fallacy, and is a subset of continuum fallacy, in that it ignores the possibility of mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apache License
The Apache License is a permissive free software license written by the Apache Software Foundation (ASF). It allows users to use the software for any purpose, to distribute it, to modify it, and to distribute modified versions of the software under the terms of the license, without concern for royalties. The ASF and its projects release their software products under the Apache License. The license is also used by many non-ASF projects. History Beginning in 1995, the Apache Group (later the Apache Software Foundation) released successive versions of the Apache HTTP Server. Its initial license was essentially the same as the original 4-clause BSD license, with only the names of the organizations changed, and with an additional clause forbidding derivative works from bearing the Apache name. In July 1999, the Berkeley Software Distribution accepted the argument put to it by the Free Software Foundation and retired their ''advertising clause'' (clause 3) to form the new 3-clau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark
A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colours used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawyer
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as well as the lawyer's area of practice. In many jurisdictions, the legal profession is divided into various branches — including barristers, solicitors, conveyancers, notaries, canon lawyer — who perform different tasks related to the law. Historically, the role of lawyers can be traced back to ancient civilizations such as Greece and Rome. In modern times, the practice of law includes activities such as representing clients in criminal or civil court, advising on business transactions, protecting intellectual property, and ensuring compliance with laws and regulations. Depending on the country, the education required to become a lawyer can range from completing an undergraduate law degree to undergoing postgraduate education and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's List of national legal systems, legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. Supporters of intellectual property laws often describe their main purpose as encouragin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
