block1. A municipal area enclosed by streets <three blocks away>. See LOT (1). 2. A quantity of things bought or sold as a unit <a block of preferred shares>. 3. SQUARE (1). |
block bookingIn the licensing or use of movies, the practice by film distributors of condition-ing the license or use on the acceptance of an entire package or block of films, which typically includes unwanted or inferior films . In United States v. Loew's Inc., 371 U.S. 38, 83 S.Ct. 97 (1962), the U.S. Supreme Court condemned block booking as an illegal tying arrangement that violates the Sherman Act. |
block grantAn unrestricted grant of federal funds. |
block interestSee add-on interest under INTEREST (3). |
block policyAn all-risk policy that covers groups of property (such as property held in bailment or a businesss merchandise) against most perils. See all-risk insurance under INSURANCE. |
block policySee INSURANCE POLICY. |
block votingA shareholders' agreement to cast their votes in a single block. See voting trust under TRUST. |
blockadeA belligerent's prevention of access to or egress from an enemy's ports by stationing ships to intercept vessels trying to enter or leave those ports. To be binding, a blockade must be effective that is, it must be maintained by a force sufficient to prevent access to ports. Also termed simple blockade; de facto blockade. "A blockade must be existing in point of fact; and in order to constitute that existence. there must be a power present to enforce it. All decrees and orders, declaring extensive coasts and whole countries in a state of blockade. without the presence of an adequate naval force to support it, are manifestly illegal and void, and have no sanction in public law." 1 James Kent, Commentaries on American Law *144 (George Comstock ed., 11th ed. 1866). The word blockade properly denotes obstructing the passage into or from a place on either element, but is more especially applied to naval forces preventing com-munication by water. Unlike siege it implies no intention to get possession of the blockaded place. With blockades by land or ordinary Sieges neutrals have usually little to do," Theodore D. Woolsey, Introduction to the Study of IntemQ-tional Law § 202, at 351 (5th ed. 1878). |
blockage ruleThe principle that a large block of stock shares may be valued at less than the total value of the individual shares because such a large block may be difficult to sell at full price. |
Blockburger testA test, for double-jeop-ardy purposes, of whether a defendant can be punished separately for convictions on two charges or prosecuted later on a different charge after being convicted or acquitted on a charge involving the same incident; a comparison of two charges to see if each contains at least one element that the other does not. Although the test is frequently called the same-evidence test, that term is misleading since the analysis involves the elements of the charged offenses rather than the facts of the incident. Blockburger v. U.S., 284 U.S. 299, 304, 52 S.Ct. 180, 192 (1932). - Also termed same-elements test; actual-evidence test. Cf. SAME-CONDUCT TEST; SAME-TRANSACTION TEST. |
blockbustingThe act or practice, usu. by a real-estate broker, of persuading one or more property owners to sell their property quickly, and often at a loss, to avoid an imminent influx of minority groups. Blockbusting is illegal in many states. |
blocked accountAn account at a bank or other financial institution, access to which has been restricted either by the government or by an authorized person. An account may be blocked for a variety of reasons, as when hostilities erupt between two countries and each blocks access to the other's accounts. Also termed frozen account. |
blocked account-See ACCOlJNT |
blocked currencySee CURRENCY. |
blocked currency-Currency or bank deposits that, by government restriction, may be used only within the country where they are located. |
blocked incomeSee INCOME. |
blocked income-Money earned by a foreign taxpayer but not subject to U.S. taxation because the foreign country prohibits changing the income into dollars. |
blocking patentOne of two patents, neither of which can be effectively practiced without infringing the other. For example, if A patents an improvement of B s patented invention, A cannot practice the improvement without infringing B g patent. Nor can B use the improvement without infringing A s patent. Owners of blocking patents often cross-license each other. See fencing patent; DOMINATION. |
blocking patentSee PATENT (3). |
Blonder-Tongue doctrineThe rule that a patentee is barred by collateral estoppel from relitigat-ing the validity of a patent that has been held invalid in an earlier proceeding in which the patentee had a full and fair opportunity to litigate the patent's validity . The rule was adopted by the U.S. Supreme Court in Blonder-Tongue Laboratory, Inc. v. University of Illinois, 402 U.S. 313, 91 S.Ct. 1434 (1971). Also termed Blonder-Tongue rule. |
blood(A relationship between persons arising by descent from a common ancestor. See RELATIVE. |
blood alcohol contentThe concentration of alcohol in one's bloodstream, expressed as a percentage. Blood alcohol content is used to determine whether a person is legally intoxicated, esp. under a driving-while-intoxicated law. In many states, a blood alcohol content of .08% is enough to charge a person with an offense. Abbr. BAC. Also termed blood alcohol count; blood alcohol concentration. See DRIVI:'llG UNDER THE DRIVING WHILE INTOXICATED. |
blood borderThe dividing line between adjoin-ing states that have different minimum drinking ages. The term derives from the fact that juveniles from the state with the higher minimum age drive to the state with a lower minimum age, purchase and consume alcohol, and drive home intoxicated. |
blood diamondSee CONFLICT DIAMOND. |
blood feudSee FEUD (4). |
blood feud-A state of hostility between fa mil ies in which one family seeks to avenge the killing of one of its members by killing a member of the other family. See VENDETTA. "Anglo-Saxon polity preserved, even down to the Norman Conquest, many traces of a time when kinship was the strongest of all bonds. Such a stage of society, we hardly need add, is not confined to anyone region of the world or anyone race of men .... When it puts on the face of strife between hostile kindreds, it is shown in the war of tribal factions, and more specifically in the blood-feud. A man's kindred are his avengers; and, as It is their right and honour to avenge him, so it is their duty to make amends for his misdeeds, or else maintain his cause in fight. Step by step, as the power of the State waxes, the self-centred and self-helping autonomy of the kindred wanes. Private feud is controlled, regulated, put, one may say, into legal harness; the avenging and the protecting clan on the slain and the slayer are made pledges and auxiliaries of public justice." 1 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward I 31 (2d ed.1898). |
blood moneyA payment given by a murderer's family to the next of kin of the murder victim. Also termed wer. 2. A reward given for the apprehension of a person charged with a crime, esp. capital murder. |
blood relativeOne who shares an ancestor with another. |
blood relativeSee RELATIVE. |
blood testThe medical analysis of blood, esp. to estab-lish paternity or (as required in some states) to test for sexually transmitted diseases in marriage-license appli-cants. See SEROLOGICAL TEST. |
blood wite1. EFFUSIO SANGUINIS (1). 2. EFFUSIO SANGUINIS (2). 3. The right to levy a fine involving the shedding of blood. 4. The exemption from the payment of a fine involving the shedding of blood. 5. Scots law. A penalty for a brawl or riot in which blood is shed. |
blood, corruption of theSee CORRUPTlON OF BLOOD. |
blood-grouping testA test used in paternity and illegitimacy cases to determine whether a particular man could be the father of a child, examples being the genetic-marker test and the human-leukocyte antigen test. The test does not establish paternity; rather, it eliminates men who could not be the father. See PATER-NITY TEST; GENETIC-MARKER TEST; HUMAN-LEUKO-CYTE ANTIGEN TEST. |
blotte1. See ARREST RECORD. 2. See WASTE BOOK. |
blsBUREAU OF LABOR STATISTICS. |
Blue Book1. A compilation of session laws. See SESSION LAWS (2). 2. A volume formerly published to give parallel citation tables for a volume in the National Reporter System. 3. English law. A government publication, such as a Royal Commission report, issued in a blue paper cover. |
blue booksSee SESSION LAWS. |
blue chipA corporate stock that is considered a safe investment because the corporation has a history of stability, consistent growth, and reliable earnings. The term is said to come from poker, in which the blue chips usu. have the highest value. Also termed blue-chip stock. blne-chip, adj. |
blue lawA statute regulating or prohibiting commercial activity on Sundays. Although blue laws were formerly common, they have declined since the 19805, when many courts held them invalid because of their origin in religion (i.e. Sunday being the Christian Sabbath). Blue laws usu. pass constitutional challenge if they are enacted to support a nonreligiOUS purpose, such as a day of rest for workers. Also termed Sunday law; Sunday-closing law; Sabbath law; Lord's Day Act. |
blue noteSee NOTE (1). |
blue-blue-ribbon jurySee blue-ribbon jury under jury. |
BluebookThe citation guide formerly titled A Uniform System of Citation that is generally considered the authoritative reference for American legal citations. -The book's complete title is The Bluebook: A Uniform System of Citation. Although it has been commonly called the Bluebook for decades, the editors officially included Bluebook in the title only in the mid-1990s. The book is compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and The Yale Law Journal. Cf. ALWD CITATION MANUAL. |
bluebookTo ensure the conformity of citations with The Bluebook: A Uniform System of Citation. |
blue-chip stockSee BLUE CHIP. |
blue-pencil testA judicial standard for deciding whether to invalidate the whole contract or only the offending words .o Under this standard, only the offending words are invalidated if it would be possible to delete them simply by running a blue pencil through them, as opposed to changing, adding, or rearranging words. |
blue-ribbon jurySee JURY. |
blue-ribbon juryA jury consisting of jurors who are selected for their special qualities, such as advanced education or special training, sometimes used in a complex civil case (usu. by stipulation of the parties) and sometimes also for a grand jury (esp. one investigating governmental corruption). A blueribbon jury is not allowed in criminal trials because it would violate the defendant"s right to trial by a jury of peers. An even more elite group of jurors, involving specialists in a technical field, is called a blue-blueribbon jury. |
blue-skyTo approve (the sale of securities) in accordance with blue-sky laws <the company's ipo has not yet been blue-skyed>. |
blue-sky-(Of a security) having little value. The term was first used in reference to the assets at issue in Lowell v. People,131 BIll!. App. 137 (1907) ("hot air and blue sky"). |
blue-sky lawA state statute establishing stan-dards for offering and selling securities, the purpose being to protect citizens from investing in fraudulent schemes or unsuitable companies . Such a statute typi-cally includes provisions for licensing brokers, register-ing securities, and formal approvals of the offerings by the appropriate government agencies. "Although the public is probably more aware of the exis-tence and operation of the several federal statutes admin-istered by the Securities and Exchange Commission, most state legislation in this area is broader in scope. State securities laws, commonly referred to as 'blue sky' laws, were enacted long before the Securities Act of 1933, and Congress specifically preserved these laws instead of attempting to preempt the field for federal legislation." Louis Loss & Edward M. Cowett, Blue Sky Law 3 (1958). "The first legislative attempts to regulate securities trans-actions were effected on the state level, with the first general securities law being said to have been enacted by the State of Kansas in 1911, and with 48 jurisdictions having enacted such statutes by 1933. These statutes were said to be enacted to stop the sale of stock in fly-by-night concerns, visionary oil wells, distant gold mines, and other fraudulent exploitations. A similar description of the early legislative purpose is that such acts were aimed at 'specula-tive schemes which have no more basis than so many feet of blue sky,' and this description has had a lasting influence in that state securities acts are commonly referred to as 'blue sky laws,'" 69A Am. Jur. 2d Securities Regulation -State § 1 (1993). "The state legislatures entered the arena of securities regu-lation more than twenty years before Congress .... [T] he statutes, which vary widely in their terms and scope, are commonly referred to as' blue sky' laws, an appella- tion with serveral suggested origins. It has been said, |
bluewater seamanSee able-bodied seaman under SEAMAN. |
blurringA form of dilution in which goodwill in a famous mark is eroded through the mark's unauthorized use by others on or in connec-tion with dissimilar products or services . Blurring is one type of dilution that is actionable under the Federal Trademark Dilution Act, 15 USCA § 1125(c). <The court found that Nabisco's use of a fish shape in its animal crackers diluted Pepperidge Farm's famous Goldfish trademark.> - Also termed dilution by blurring; dim-inution. Cf. TARNISHMENT. "Blurring is a lessening of the fame possessed by a famous mark. One might begin to think about blurring by recalling 'free association' exercises or games, in which one player says a word and the other player must respond instantly with the first word that pops into his or her head, By definition, a strong or famous mark is likely to produce both a prompt and a uniform 'free association' response when mentioned to most consumers. Thus when I say ROLEX, you and almost everyone else-will likely say 'watches.' ... On the other hand, a weak mark will produce no response at all, or a variety of responses from different consumers .... If the owners of the ROLEX mark had no way to prevent the use of that mark on pencils, or pianos, or pistachio nuts. because those products are so remote from watches that they could not prove any likelihood of confusion, eventually, the automatic free association of the ROLEX mark with watches, and watches alone, would be destroyed. The mark would be less famous than before. It would be blurred." Roger E. Schechter & John R. Thomas, Intellectual Property § 30.3. at 710-11 (2003). |
bmlBROADCAST MUSIC, INC. |
board1. A group of persons having managerial, supervisory, or advisory powers <board of directors> . In parliamentary law, a board is a form of deliberative assembly and is distinct from a committee which is usu. subordinate to a board or other deliberative assembly in haVing greater autonomy and authority. 2. Daily meals furnished to a guest at an inn, board-inghouse, or other lodging <room and board>. 3. BOARD OF DIRECTORS. |
board lotSee round lot under LOT (3). |
board of adjustmentSee ADJUSTMENT BOARD. |
board of aldermenSee CITY COUNCIL. |
board of appealsA quasi-judicial body within the U.S. Patent and Trademark Office that was empowered to hear appeals by appli-cants whose patent applications had been wholly or partially rejected by patent examiners. Its work is now done by the Board of Patent Appeals and Inter-ferences. See BOARD OF PATENT APPEALS AND INTERFERENCES. |
board of directors1. The governing body of a corporation, elected by the shareholders to establish corporate policy, appoint executive officers, and make major business and financial decisions. - Also termed (esp. in charitable organizations) board of trustees. See DIRECTOR. 2. The governing body of a corporation, partnership, associa-tion, or other organization, elected by the shareholders or members to establish policy, elect or appoint officers and committees, and make other governing deci-sions. - Often shortened (informally) to board. Also termed board of governors; board of managers; board of trustees (esp. in charitable and educational organiza-tions); executive board. See DIRECTOR. |
board of educationA state or local agency that governs and manages public schools within a state or local district. Cf. SCHOOL BOARD. |
board of equalizationSee EQUALIZATION BOARD. |
board of examinersSee EXAMINING BOARD. |
board of fire underwritersAn unincorporated voluntary association made up of fire insurers. |
board of governors1. See BOARD OF DIRECTORS. 2. (cap.) FEDERAL RESERVE BOARD OF GOVERNORS. |
Board of Green ClothA group of persons respon-sible for governing the royal-household staff, esp. in financial matters such as accounting for expenses and paying servants' wages. The Board consisted of the Lord Steward and inferior officers, and its name derived from the green cloth that covered the table used by the Board to conduct its duties. In more ancient times, it kept the peace and maintained courts of justice within the area around the royal household (i.e., the verge). Also termed Counting House of the King's Household; Green Cloth. |
board of healthA municipal or state agency rn<lr<'PI1 with protecting the public health. |
Board of Immigration AppealsThe highest administra-tive tribunal for interpreting and applying United States immigration law, esp. reviewing appeals from adverse decisions of immigration judges and district directors of the Department of Homeland Security . The Board may have up to 15 permanent members appointed by the Attorney General. Abbr. BIA. - Also termed Immigration Appeals Board. |
board of legal specializationA body, usu. an arm of a state bar association, that certifies qualified lawyers as specialists within a given field. Typically, to qualify as a specialist, a lawyer must meet a specified level of experience, pass an examination, and provide favor-board of zoning appeals able recommendations from peers. |
board of managersSee BOARD OF DIRECTORS. |
Board of Medical ExaminersSee EXAMINING BOARD. |
board of pardonsA state agency, of which the governor is usu. a member, authorized to pardon persons convicted of crimes. |
board of paroleSee PAROLE BOARD. |
Board of Patent Appeals and InterferencesThe quasi-judicial body in the U.S. Patent and Trademark Office that hears (1) appeals from patent applicants whose claims have been rejected by a patent examiner, and (2) interference contests between two or more applicants trying to patent the same invention. This tribunal assumed the work previously handled by the Board of Appeals and the Board of Patent Interfer-ences. The U.S. Court of Appeals for the Federal Circuit hears appeals from this tribunaL See INTERFERENCE (3). |
board of police commissionersAn administrative tribunal vested with diSciplinary powers over law-enforcement personnel. |
board of regentsA group of persons appointed to supervise an educational institution, esp.a university. |
board of registrationA state agency authorized to license and discipline members of a trade or profession. |
board of review1. A body that reviews administrative-agency decisions. 2. A body that reviews property-tax assessments. 3. In some cities, a board that reviews allegations of police misconduct. |
board of tax appealsSee TAX COURT, U.s. |
board of trade1. A federation of business executives dedicated to advancing and protecting business interests. 2. An organization that runs a commodities exchange. See CHICAGO BOARD OF TRADE. 3. Hist. The Lords of the Committee of the Privy Council that had jurisdiction over trade and foreign plantations. Today, the responsibilities once assigned to this com-mittee are carried out by the Ministry for Trade and Industry. |
board of trusteesSee BOARD OF DIRECTORS. |
Board of Veterans' AppealsThe agency in the U.S. Department of Veterans' Appeals responsible for reviewing decisions on entitlements to veterans' benefits.The Board's decisions are subject to review by the U.S. Court of Appeals for Veterans Claims. Abbr. BVA. |
board of zoning appealsSee ADJUSTMENT BOARD. |
board-certified(Of a professional) recog-nized by an official body as a specialist in a given field of law or medicine <board certified in civil litigation>. See BOARD OF LEGAL SPECIALIZATION. |
boatableSee NAVIGABLE. |
boatable waterSee NAVIGABLE WATER (1). |
boc(bok) A written document, esp. one that conveys land. Also spelled bock. |
bocklandSee BOOKLAND. |
boclandSee BOOKLAND. |
bodily harmSee HARM. |
bodily harm-Physical pain, illness, or impairment of the body. |
bodily heirSee heir of the body under HEIR. |
bodily heir-See heir ofthe body. |
bodily injurySee INJURY. |
bodily injuryPhysical damage to a persons body. - Also termed physical injury. See serious bodily injury. |
body1. The main part of a written instrument, such as the central part of a statute (after the title and preamble) or the middle part of a complainant's bill in equity. 2. A collection of laws. -Also termed body of laws. See CORPUS JURIS. 3. An artificial person created by a legal authority. See CORPORATION. 4. An aggregate of individuals or groups. See BODY POLITIC. 5. A delib-erative assembly <legislative body>. See deliberative assembly under ASSEMBLY. 6. An aggregate of individu-als or groups <student body>. 7. BODY OF A CLAIM. |
body corporateSee CORPORATION. |
body execution1. See CAPIAS. 2. See EXECUTION. |
body execution-A court order requiring an officer to take a named person into custody, usu. to bring the person before the court to pay a debt; CAPIAS. |
body of a claimThe portion of a patent claim that defines the elements or steps of the invention .The body of the claim follows the preamble and tran-sition phrase. In a combination claim, the body of a claim sets forth the elements of a patentable combina-tion. Cf. PREAMBLE (2); TRANSITION PHRASE. |
body of a countyA county as a whole. |