A federal law enacted in 1931 to protect the wages of
workers producing goods and services under contract to the U. S. government.
The law set minimum wage rates and rates for overtime pay.
A process whereby the investors of a financially
troubled company agree to alter the terms of the company's debt or make other
concessions to give it time to recover.
A false communication made with the intention of
harming a person's reputation.
In a civil case, the person against whom a plaintiff
institutes an action.
An allegation made by a defendant as a reason why the
plaintifF should not recover what he or she seeks.
An action in which an employer, to preempt a
threatened strike, shuts down business operations before the strike can occur.
A statute under which Congress transfers some of its
power to an administrative agency, giving the agency the authority to impose
its rules.
At trial, a form of evidence based on the jury's
perception of a witness's credibility.
A statistical approach used in determining the
presence of illegal employment
discrimination. This approach is based on the idea that each employer's
work force should reflect the racial, ethnic, and gender composition of the
general labor market.
Anew; a second time.
An approach to ethical behavior that focuses on the
means used to achieve an end. Proponents claim that the rightness and goodness
of an act should be determined by certain rules or duties, not by the act's
consequences.
A form of discovery in which a witness or opposing
party testifies, orally or in writing, be fore the trial. Oral depositions are
taken in the presence of a court officer and the opponent's lawyer, with the
opportunity for cross-examination.
A shareholder suit against a third party to enforce a
corporate cause of action.
In product liability law, a defect in the design of a
product that causes the entire lot of such products to function less safely
than an ordinary consumer would expect. design patent A patent covering the
physical appearance of an object.
An order by the trial judge that the jury decide the
case as the judge directs, so that the judge, not the jury, has essentially
decided the case. A judge will direct a verdict if he or she finds that there
is insufficient evidence for the case to go to the jury, or that the evidence
compels only oneverdict.
Evidence that directly establishes a fact at issue.
The first examination of a witness by the lawyer who
called the witness.
In a corporation, the persons legally responsible for
setting corporate policy and supervising its execution. A member of the board
of directors has a fiduciary duty to the shareholders to see that the
corporation is run in the shareholders interests.
A notice included with a product, or in a sales
contract, intended to inform buyers that the goods are sold without express or
implied warranties.
The process by which the parties to a lawsuit gather
evidence about the case before the trial. Forms of discovery include
depositions, interrogatories, physical examinations, and production of
documents and other tangible items.
A standard for defining employment discrimination
that focuses on whether a test used by an employer in hiring or promotion
yields different results for different groups.
A standard for defining employment discrimination
that focuses on whether an employer uses different criteria for different
groups.
An opinion written by a minority of a panel of
judges, disagreeing with the conclusion reached by the majority.
To determine that the reasoning in a previous case,
which appears to be similar to the present case, should not be followed because
of an important factual difference between the two cases.
Trial court with general jurisdiction over federal
cases. Each state contains at least one federal judicial district.
A doctrine under which a state may claim jurisdiction
over a corporation that is found to be conducting business in that state.
A corporation organized under the laws of the state
in which it is doing business.
The place that a person considers, or intends as, his
or her permanent home. A person may have more than one residence located in one
or more states, but only one domicile.
A doctrine used by the U.S. Supreme Court to
interpret the Commerce Clause of the Constitution early in the 2Oth century.
The doctrine was derived from the lOth Amendment, which provides that powers
not delegated to the federal government are reserved to the states. The
doctrine limited federal power, since it expanded the definition of local
activities that were not subject to federal regulation.
A defense against a securities fraud claim arising
from a registration statement that proves to contain material false statements.
The defendant asserts that he or she exercised due diligence; that is, made a
reasonable inquiry into the financial affairs of the company filing the
statement and believed the statement to be accurate at the time.
Fundamental fairness in the way the laws are applied.
The concept is incorporated in the Fifth and 14th Amendments to the
Constitution, which prohibit the government from denying any person life
liberty, or property without due process of law It is a safeguard against
unfair or discriminatory laws and procedures.
In contract law, coercion of a party into signing a
contract by means of threats of physical or economic harm. Such a contract may
be voidable by the victim.
A version of the insanity defense, whereby a
defendant is considered insane if he or she was suffering from a mental illness
when the crime was committed and if the insanity was the cause of the act.
In tort law, the legally recognized obligation of a
defendant to act without negligence toward a plaintiff.
A fiduciary duty owed by an agent to a principal,
requiring the agent to place the interests of the principal above his or her
own, and not to do anything that would conflict with the responsibilities to
the principal.
A fiduciary duty that requires an agent to follow a
principal's instructions concerning the performance of services that the agent
was retained to deliver.
A fiduciary duty under which an agent is responsible
for all money and property be longing to the principal that is in the agent's
possession or control. The agent must record all transactions entered into on
the principal's behalf, and must not commingle the principal's funds with the
agent's own funds.
A fiduciary duty that requires an agent to perform
his or her responsibilities with a degree of caution and skill comparable to
others in the community performing the same kind of work.
A fiduciary duty that requires an agent to convey to
the principal all information that bears on the principal's business.
