Reasonable Requirement - Law Dictionary Search Results
Home Dictionary Name: reasonable requirement Page: 3rule of reason
rule of reason :a standard used in restraint of trade actions that requires the plaintiff to show and the factfinder to find that under all the circumstances the practice in question unreasonably restricts competition in the relevant market compare per se rule NOTE: The rule of reason does not apply to per se violations of the Sherman Antitrust Act. ...
due
due [Old French deu, past participle of devoir to owe, from Latin debere] 1 a : satisfying or capable of satisfying an obligation, duty, or requirement under the law [the buyer's performance under the contract] [ proof of loss] b : proper under the law [obstructing administration of justice] 2 : capable of being attributed used with to [any loss to neglect] 3 a : having reached the date at which payment is required : payable b : owed though not yet required to be paid 4 : reasonable ...
Blind eye knowledge
Blind eye knowledge, requires a suspicion of a truth about which one does not want to know and which one refuses to investigate, Manifest Shipping Company Ltd. v. Uni-Polaris Shipping Company Ltd., (2001) 2 WLR 170 (HL): (2001) UKHL 1 (HL).Blind-eye knowledge, requires a conscious reason for blinding the eye. There must be at least a suspicion of a truth about which the court does not want to know and which one refuses to investigate, Manifest Shipping Co. Ltd. v. Uni-polaris Shipping Co. Ltd., (2001) 2 WLR 170 (HL): (2001) UKHL 1....
unreasonable
unreasonable : not reasonable : beyond what can be accepted: as a : clearly inappropriate, excessive, or harmful in degree or kind [an delay] [an restraint of trade] b : lacking justification in fact or circumstance [an inference] ;esp : irrational [the agency decision was ] c : not supported by a warrant or by a valid exception to a warrant requirement (as when there is reasonable suspicion) and therefore unconstitutional [the right of the people to be secure in their persons, houses, papers, and effects, against searches and seizures, shall not be violated "U.S. Constitution amend. IV"] see also search, seizure un·rea·son·able·ness n un·rea·son·ably adv ...
challenge
challenge chal·lenged chal·leng·ing 1 : to dispute esp. as being invalid or unjust [counsel challenged this interpretation] 2 : to question formally (as by a suit or motion) the legality or legal qualifications of [ the regulations] ;esp : to make a challenge to (a trier of fact) [the grounds for challenging prospective jurors "W. R. LaFave and A. W. Scott, Jr."] compare recuse n 1 : a calling into question ;esp : a questioning of validity or legality : objection [when the to the statute is in effect a of this basic assumption "Kramer v. Union Free School Dist. No. 15, 395 U.S. 621 (1969)"] see also batson challenge 2 : a request to disqualify a trier of fact (as a jury member or judge) compare recusal, strike challenge for cause : a challenge esp. of a prospective juror based on a specific and stated cause or reason challenge to the array : a challenge of an entire jury that raises objections to the selection process peremptory challenge : a challenge esp....
Frauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
Duces tecum, subp'na
Duces tecum, subp'na (you shall bring with you under penalty). If a person, even if he be a party to a cause, have in his possession any written instrument, etc., which it is desired to put in evidence at the trial, instead of the common subp'na he is served with a subpoena duces tecum, commanding him to bring it with him and produce it at the trial. Upon being served with a copy of this subp'na, he must attend at the trial with the instrument required, and produce it in evidence, unless he has some lawful or reasonable excuse for withholding it, of the validity of which excuse the Court and not the witness is to judge. It is no excuse that the legal custody of the instrument belongs to another, if it be in the actual possession of the witness; but if it tend to criminate himself or his client (if the witness be a solicitor), or if it be his title-deed, the Court will not compel him to produce it.If the witness, instead of bringing the papers, etc., required, deliver them to the opposi...
Affidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
reason
reason 1 : an underlying ground, justification, purpose, motive, or inducement [required to provide s for the termination in writing] 2 a : the faculty of comprehending, inferring, or distinguishing esp. in a fair and orderly way b : the proper and sane exercise of the mind ...
Negotiorum gestor
Negotiorum gestor, a person who spontaneously, and without the knowledge or consent of the owner, intermeddles with his property, as to do work on it, or to carry it to another place, etc.In cases of this sort, as he acts wholly without authority, there can, strictly speaking, be no contract. But the Roman Law raised a quasi mandate, by implication, for the benefit of the owner in many of such cases. Nor is an implication of this sort wholly unknown to the Common Law, where there has been a subsequent ratification of the acts by the owner; and sometimes where unauthorized acts are done, positive presumptions are made bylaw for the benefit of particular parties. thus, if a stranger enter upon a minor'' lands and take the profits, the law will, in many cases oblige him to account to them in or for the profits as his bailiff; for it will be presumed that he entered to take them in trust for the infant, See Wall v. Stanwick, (1887) 34 Ch D 763.As the negotiorum gestor interferes without an...
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