In contract law, an overt act by an offeree that
demonstrates assent to an offer.
An equitable remedy that may be ordered in cases in
which a party to whom funds have been entrusted has allegedly misappropriated
or squandered money. Such a remedy requires the trustee to produce a statement
of money owed, spent, or held in trust.
In international law, a doctrine that prevents courts
from challenging the validity of public acts that a recognized foreign
sovereign commits within its own territory. The doctrine usually applies in
cases arising from the seizure of privately owned property within a foreign
nation.
A bad or wrongful act. In criminal law, both a bad
act and a criminal state of mind (mens rea) are required for a person to be
found guilty.
An agreement in which one party has had no real
opportunity to bargain about terms.
The process of resolving a dispute. In administrative
law, a proceeding before an agency intended to settle a factual dispute between
specific parties, as distinguished from rulemaking, a procedure that sets
general policy.
A governmental body empowered to administer
legislation by issuing regulations that have the force of law in specified
areas.
An officer who presides over hearings at which
administrative agency policy is litigated.
A statute establishing the basic procedures followed
by most administrative agencies.
The system of dispute resolution that prevails in the
U. S., under which the parties involved in the dispute are primarily
responsible for initiating the lawsuit, defining the issues, and providing
evidence in support of their claims.
An opinion indicating how a court would rule on a
question of law that is not being argued before it. Federal courts will not
issue such opinions, since their role is limited to deciding actual cases or
controversies.
Any policy designed to provide better opportunities
in hiring and promotion for women and minority group members, in order to
remedy past discrimination.
A written program required of employers receiving
federal funds, stating a method by which the employer intends to achieve
affirmative action in hiring.
An assertion by the defendant raising new evidence
that, if true, would relieve the defendant of liability.
A 1967 federal statute prohibiting employment
discrimination based on age. It protects workers between the ages of 40 and 70.
A person authorized by another to act in his or her
behalf.
The ability of the market and other mechanisms, such
as government policy, to influence the access of companies to land, labor, and
capital. The allocative efficiency of a particular policy is judged by how well
it promotes a particular goal set by policy makers.
A pleading submitted by a defendant in response to
the plaintiffs complaint.
The branch of the law concerning government regulation
of anticompetitive business practices,
The authority that is created when a principal
indicates to a third person, by words or conduct, that an agent has the power
to act on the principal's behalf.
A procedure whereby a party requests a superior court
to review the decision of a lower court.
The party who files for appeal of a lower court
decision.
The party against whom an appeal is filed, also
called the respondent.
A method of dispute resolution in which the matter in
question is referred to a neutral third party who has been chosen by both sides
and whose decision the parties have agreed in advance to accept.
A test created by two law professors to determine
whether predatory pricing exists in a market. A company is guilty of predatory
pricing under this test if the prices for its products fall below its average
variable costs (costs that change in response to short-term changes in output).
The process in which an accused is brought before the
trial court, informed of the charges against him, and required to enter a plea.
Taking of a person into custody for purposes of
charging that person with a crime.
The willful or malicious burning, or attempted
burning, of a dwelling or other building.
The process whereby a court reviews an administrative
agency's delegating statute to ensure that the agency has not been delegated
too much of Congress's power in violation of the Necessary and Proper Clause of
Article I of the Constitution.
A document that must be filed with the appropriate
state agency before a corporation is permitted to operate. The document
generally includes the corporate name, the corporation's purposes, the
directors names, and the number and types of shares of stock to be issued.
A willful attempt to cause a harmful or offensive
contact with another person, or to cause the imminent apprehension of such a
contact.
Agreement to the terms of a contract offer.
An affirmative defense to a tort action, whereby the
defendant claims not to be liable for an injury because the plaintiff was
voluntarily exposed to the hazardous activity that led to the injury.
A remedy in which a debtor's property is seized
before trial, as a means of preserving assets that could be used after the
trial to pay off a judgment in the creditor's favor.
In antitrust law, a practice that is held illegal if
it involves two elements: intent to create a monopoly, and a dangerous
possibility that the attempt will succeed.
