Federal Common Law - Law Dictionary Search Results
federal common law
Matched in: Term federal common law
trademark
use of the mark, but it extends only to the areas or markets where the mark is used. Federal registration of a trademark gives rise to a federal cause of action for infringement in addition to the … service mark need not be registered for an owner to enforce his or her rights in court. The common law recognizes ownership of a trademark, established by actual and first use of the mark, but it extends only
abstention
to federal court once the state court has resolved the state law question. Pullman abstentions are the most common type of abstention. Thi·bo·daux abstention [tē-bə-dō-] : an abstention grounded on the involvement in the federal case of … abstention : the staying of the exercise of federal jurisdiction in a case that involves a question of state law or policy which the federal court prefers
Keep your definitions linked to case research
class action
suit class suit see also certification compare consolidate, joinder test case at case NOTE: Rule 23 of the Federal Rules of Civil Procedure sets out the prerequisites for having an action certified as a class action in … is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or
intervention
courts. There is some overlap between joinder and intervention because of the merger of law and equity in federal practice. intervention of right : intervention allowed in federal civil procedure when a statute grants an absolute right … a conditional right to intervene or when the applicant's claim has a question of law or fact in common with the proceeding
plea
claim compare demurrer b : a defendant's answer to a plaintiff's claim in civil litigation NOTE: Under the Federal Rules of Civil Procedure, and in states where they have been adopted, civil pleas are abolished, and answers … been adopted, civil pleas are abolished, and answers and motions are used instead. Such pleas were used at common law. dil·a·to·ry plea [di-lə-tōr-ē-] : a common-law plea which is intended to defeat the pending action or proceeding without
consolidate
a common question of law or fact) into one compare class action NOTE: Consolidation of matters in the federal courts is governed by Rule 42 of the Federal Rules of Civil Procedure. Consolidated cases may become one
try
shall be otherwise reexamined in any court of the United States, than according to the rules of the common law "U.S. Constitution amend. VII"] [in all actions tried upon the facts without a jury "Federal Rules of Civil
gain
asset held for less than a specified period (as a year) that is treated as ordinary income under federal income tax laws 2 pl in the civil law of Louisiana : a class of community property that … of Louisiana : a class of community property that reflects the increase in property value contributed by the common skill or labor of the spouses gain vb
form of action
form of action :any of the personal actions (as assumpsit, detinue, or replevin) formerly brought at common law see also writ NOTE: Rule 2 of the Federal Rules of Civil Procedure states “there shall be one
- ‹ Prev
- 2
- 3
- Next ›
- Last »
Try the research workspace - 7 days free