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Marbury v. Madison (1803)

The Supreme Court case that established the power of judicial review. (Read the opinion here).

During President John Adams’ lame duck session of his presidency, he appointed Marbury as a justice of the peace and signed the commission. Soon thereafter, Thomas Jefferson became President of the United States and refused to allow Secretary of State James Madison to deliver the commission to Marbury. Marbury sued Madison in the Supreme Court to get his commission via a writ of mandamus.

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Baker v. Carr (1962)

Definition

A Supreme Court case that held that federal courts could hear cases that claimed that malapportionment of state legislatures violated the Equal Protection Clause of the Constitution. By holding that such cases were justiciable, the Supreme Court paved the way for federal courts (and not just state courts) to hear and decide on reapportionment issues.

Sherman Antitrust Act

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

 

rule of doubt

The rule under which the U.S. Copyright Office allows software object code to be deposited in connection with a computer program registration. Under the rule there is an express understanding that doubt exists as to whether the code qualifies for copyright protection should litigation later occur. In essence, the Copyright Office is saying, "We will let you deposit object code, but since we can't read or understand it, we won't commit ourselves as to its copyrightability." If the registration is accomplished under the rule of doubt, the copyright owner may be unable to claim the presumption of ownership -- an important benefit of registration -- should the issue end up in court because of an alleged copyright infringement.

real estate agent

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller, or both) before placing too much trust in the agent's opinion.

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