Doctrinal - Law Dictionary

D'Oench doctrine

D'Oench doctrine [from D'Oench, Duhme & Co., Inc. v. Federal Deposit Insurance Company, 315 U.S. 447 (1942), the Supreme Court case establishing the doctrine] : a doctrine in banking law: a party (as a borrower or guarantor) cannot assert an unrecorded agreement with a failed bank against attempts by the federal insurer (as the Federal Deposit Insurance Corporation) or its assigns to collect on a promissory note (as a loan) called also D'Oench Duhme doctrine ...

exculpatory no doctrine

exculpatory no doctrine : a doctrine in federal criminal law: an individual cannot be charged with making a false statement if the statement is a false denial of guilt made in response to a federal investigator's question NOTE: This doctrine is based on the Fifth Amendment protection against self-incrimination, and is often used as a defense to a charge of knowingly making a false statement. The doctrine is recognized in most federal Courts of Appeals. ...

family purpose doctrine

family purpose doctrine : a doctrine in tort law: the owner of a car is vicariously liable for damages incurred by a family member while using the car with the owner's permission called also family car doctrine NOTE: This doctrine is recognized only in some jurisdictions and has been rejected in most. ...

Spielberg Doctrine

Spielberg Doctrine [after the Spielberg Manufacturing Company, subject of an unfair labor practice complaint that prompted the formation of the doctrine] : a doctrine in labor law: the National Labor Relations Board will defer to an arbitrator's decision regarding a contract dispute if the arbitrator's decision was not repugnant to the National Labor Relations Act, the arbitration proceedings provided a hearing as fair as would have been provided before the NLRB, and the contract required binding arbitration compare collyer doctrine ...

Collyer Doctrine

Collyer Doctrine [from Collyer Insulated Wire, 192 N.L.R.B. 837 (1971), the ruling that resulted in it] : a doctrine in labor law under which the National Labor Relations Board will defer an issue brought before it to arbitration if the issue can be resolved under the collective bargaining agreement in arbitration compare spielberg doctrine ...

Erie doctrine

Erie doctrine [from the Supreme Court case Erie Railroad Co. v. Tompkins, which resulted in definition of the doctrine] : a doctrine that a federal court exercising diversity jurisdiction over a case for which no federal law is relevant must apply the law of the state in which it is sitting called also Erie Rule see also Erie Railroad Co. v. Tompkins in the Important Cases section ...

Feres doctrine

Feres doctrine [from Feres v. United States, 340 U.S. 135 (1950), the case which established the doctrine] : a doctrine in tort law: a member of the military is barred from recovering damages from the government under the Federal Tort Claims Act for injuries sustained in the course of activity incident to his or her military service called also Feres rule ...

Noerr-Pennington doctrine

Noerr-Pennington doctrine [after Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 (1961), and United Mine Workers v. Pennington, 381 U.S. 657 (1965), U.S. Supreme Court cases that established the doctrine] : a doctrine based on the First Amendment right of petition that exempts from antitrust liability the joint efforts of businesses to petition or influence government bodies provided that such activities are not sham ...

special duty doctrine

special duty doctrine : an exception to the public duty doctrine that imposes liability for injury on a government entity when there is a special duty owed to the plaintiff but not to the public at large called also special duty exception NOTE: The special duty doctrine applies when the duty owed to the plaintiff arises by statute or when the plaintiff has justifiably come to rely on the government's assumption of that duty. ...

trust fund doctrine

trust fund doctrine : a doctrine holding that shareholders to whom assets of an insolvent corporation have been transferred are liable to creditors upon dissolution of the corporation ;broadly : a doctrine holding that corporate assets are held as a trust fund for the benefit of shareholders and creditors and that corporate officers have a fiduciary duty to deal with them properly ...

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