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Merger Doctrine (copyright Law)
The phrase merger doctrine or doctrine of merger may refer to one of several legal doctrines: * Merger doctrine (antitrust law) * Merger doctrine (civil procedure) * Merger doctrine (copyright law) * Merger doctrine (criminal law) In criminal law, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. It is also used in non-criminal violations of law, such as certain classes of tra ... * Merger doctrine (family law) * Merger doctrine (property law) * Merger doctrine (trust law) {{disambig Legal doctrines and principles ...
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Merger Doctrine (antitrust Law)
In the United States, antitrust law is a collection of mostly federal laws that govern the conduct and organization of businesses in order to promote economic competition and prevent unjustified monopolies. The three main U.S. antitrust statutes are the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914. Section 1 of the Sherman Act prohibits price fixing and the operation of cartels, and prohibits other collusive practices that unreasonably restrain trade. Section 2 of the Sherman Act prohibits monopolization. Section 7 of the Clayton Act restricts the mergers and acquisitions of organizations that may substantially lessen competition or tend to create a monopoly. The Robinson–Patman Act, an amendment to the Clayton Act, prohibits price discrimination. Federal antitrust laws provide for both civil and criminal enforcement. Civil antitrust enforcement occurs through lawsuits filed by the Federal Trade Commission (FTC), the Antitrust Divi ...
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Merger Doctrine (civil Procedure)
The merger doctrine in civil procedure stands for the proposition that when litigants agree to a settlement, and then seek to have their settlement incorporated into a court order, the court order actually extinguishes the settlement and replaces it with the authority of the court to supervise the behavior of the parties. Under this doctrine, the court is free to modify its order as necessary to achieve justice in the case, and may hold a party that breaches the agreement in contempt of court. In U.S criminal law, merger doctrine holds that if a defendant has committed acts that simultaneously meet the elements of a more serious and less serious offense, the defendant may be charged with the more serious offense and the lesser offense drops in order to avoid implicating double jeopardy. References See also * Merger doctrine (family law) * Merger doctrine (property law) In the law of real property, the merger doctrine stands for the proposition that the contract for the conve ...
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Merger Doctrine (copyright Law)
The phrase merger doctrine or doctrine of merger may refer to one of several legal doctrines: * Merger doctrine (antitrust law) * Merger doctrine (civil procedure) * Merger doctrine (copyright law) * Merger doctrine (criminal law) In criminal law, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. It is also used in non-criminal violations of law, such as certain classes of tra ... * Merger doctrine (family law) * Merger doctrine (property law) * Merger doctrine (trust law) {{disambig Legal doctrines and principles ...
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Merger Doctrine (criminal Law)
In criminal law, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. It is also used in non-criminal violations of law, such as certain classes of traffic offenses. For example, the common law crime of larceny requires the taking and carrying away of tangible property from another person, with the intent of permanently depriving the owner of that property. Robbery, under the common law, requires all of the same elements and also the use of force or intimidation to accomplish the taking. Therefore, larceny is a lesser included offense in the offense of robbery, as every robbery includes a larcenous act as part of the crime. Assault is also a lesser included offense of robbery, just as false imprisonment is usually a lesser included offense of kidnapping. However, an offense will not be a lesser included offense if it carries a maximum penalty greater than that carried by the charged offe ...
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Merger Doctrine (family Law)
Historically, the merger doctrine (a.k.a. "doctrine of merger") was the notion that marriage caused a woman's legal identity to merge with that of her husband. Thus, a woman could not sue or testify against her husband any more than he could sue or testify against himself. Since her identity had merged with his, the two were now considered one legal entity. See also * Merger doctrine (civil procedure) * Merger doctrine (property law) * Merger doctrine (trust law) * Coverture Coverture was a legal doctrine in English common law under which a married woman's legal existence was considered to be merged with that of her husband. Upon marriage, she had no independent legal existence of her own, in keeping with society's ... References Legal doctrines and principles Marriage law Mothers' rights Family law legal terminology {{law-term-stub ...
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Merger Doctrine (property Law)
In the law of real property, the merger doctrine stands for the proposition that the contract for the conveyance of property merges into the deed of conveyance; therefore, any guarantees made in the contract that are not reflected in the deed are extinguished when the deed is conveyed to the buyer of the property. Merger at conveyance The merger doctrine traditionally applies only to covenants of title; covenants relating to the physical condition of the property (say, a promise that the furnace is in good working order) will not merge, and will not extinguish. The parties may by contract abrogate the doctrine and provide that some or all terms of the contract survive the closing and delivery of the deed. Merger of real property lots The merger also refers to the doctrine whereby "a fee simple In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee ...
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Merger Doctrine (trust Law)
In trust law the term "doctrine of merger" refers to the fusing of legal and equitable title in the event the same person becomes both the sole trustee and the sole beneficiary of a trust. In such a case, the trust is sometimes deemed to have terminated (with the result that the beneficiary owns the trust property outright).See R. Wellman, L. Waggoner & O. Browder, ''Palmer's Cases and Materials on Trusts and Succession'' 489 (4th ed. 1983). See also * Merger doctrine (civil procedure) * Merger doctrine (family law) * Merger doctrine (property law) In the law of real property, the merger doctrine stands for the proposition that the contract for the conveyance of property merges into the deed of conveyance; therefore, any guarantees made in the contract that are not reflected in the deed are ... References Legal doctrines and principles Wills and trusts {{law-term-stub ...
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