Definition
The willful theft of merchandise from a retail establishment without the knowledge or consent of the seller with the intention of converting those goods for one’s personal use and without having paid the purchase price. Shoplifting is considered to be a form of larceny and may be prosecuted as such.
In a lawsuit, the transfer of the obligation to prove particular facts from one party to the other. For example, the person who sued (the plaintiff) initially bears the burden of proving facts that, if no rebutting evidence is presented, would allow that party to win the case. The burden may then shift to the defendant to prove one or more defenses to the plaintiff's case.
Definition
A federal anti-monopoly and anti-trust statute, passed in 1890 as 15 U.S.C. §§ 1-7 and amended by the Clayton Act in 1914 (15 U.S.C. § 12-27), which prohibits activities that restrict interstate commerce and competition in the marketplace.
Overview
1) The scheduling of a particular legal proceeding, such as a hearing or trial. 2) The date and time when a particular hearing or trial is scheduled to take place.
To schedule, as to "set a case for trial."
Serving a summons or other legal document in a lawsuit on a defendant by publishing the document in an advertisement in a newspaper of general circulation. Service by publication is used to attempt to notify a defendant who is intentionally absent, in hiding, or at an unknown address. It's allowed only after a judge has been convinced, based on a sworn declaration, of the serving party's inability to find the defendant after trying hard. Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without a leaving a forwarding address or to give notice to people who might have a right to object to a "quiet title" action to clear title to real estate.
Mailing legal pleadings to opposing attorneys or parties, while filing the original with the court clerk, along with a declaration stating that the copy was mailed to a particular person at a specific address.
Using a fax machine to deliver legal documents, which otherwise would be sent with a process server or served by mail. Service by fax is often specifically allowed by statute, and is followed by mailing an original (hard copy) of the document.
Self-incrimination may occur as a result of interrogation or may be made voluntarily. The Fifth Amendment of the Constitution protects a person from being compelled to incriminate oneself. Self-incrimination may also be referred to as self-crimination or self-inculpation.
