Legal Dictionary of Pakistan

Code de commerce

A codification of French commercial law, enacted in 1807, dealing with commercial transactions, bankruptcy, and the jurisdiction and procedure of the courts handling these subjects. ( This code supplemented the Code Napoleon. See NA-POLEONIC CODE.

Commerce

The exchange of goods and services, esp. on a large scale involving transportation between cities, states, and nations.

Commerce Clause

U.S. Const. art. I, § 8, cl. 3, which gives Congress the exclusive power to regulate commerce among the states, with foreign nations, and with Indian tribes.

Commerce Court

Hist. A federal court having the power to review and enforce determinations of the Interstate Commerce Commission. ( The Commerce Court existed from 1910 to 1913.

Dormant Commerce Clause

See COMMERSCE CLAUSE.

Dormant Commerce Clause. The constitutional principle that the Commerce Clause prevents state regulation of interstate commercial activity even when Congress has not acted under its Commerce Clause po

Commerce Court. See COURT

Interstate Commerce Commission

The now defunct federal agency established by the Interstate Commerce Act in 1887 to regulate surface transportation between states by certifying carriers and pipelines and by monitoring quality and pricing. * In December 1995, when Congress eliminated this agency, the Surface Transportation Board (STB) - a three-member board that is a division of the Department of Transportation - assumed most of the agency's duties. - Abbr. ICC.

Negative Commerce Clause

See COMMERCE CLAUSE.

affecting commerce

touching or concerning business, industry, or trade; esp., under the labor-management relations act, burdening or obstructing com-merce or having led or tending to lead to a labor dispute that burdens or obstructs the free flow of commerce. 29 usca § 152(7).

and workers'-compensation claims arising out of commerce on or over water. - Also termed (in senses 2 & 3) admiralty law. - admiralty, adj.

chamber of commerce

An association of merchants and other business leaders who organize to promote the commercial interests in a given area and whose group is generally affiliated with the national organization of the same name.

e-commerce

The practice of buying and selling goods and services through online consumer services on the Internet. ( The e, a shortened form of electronic, has become a popular prefix for other terms associated with electronic transactions. See ELECTRONIC TRANSACTION.

interstate commerce

Trade and other business activities between those located in different states; esp., traffic in goods and travel of people between states. ( For purposes of this phrase, most statutory definitions include a territory of the United States as a state. Some statutory definitions of interstate commerce include commerce between a foreign country and a state.

intrastate commerce

See COMMERCE.

production for commerce

The production of goods that an employer intends for interstate commerce. ( This is one criterion by which an employer may be subject to the Fair Labor Standards Act.

stream-of-commerce theory

1 The principle that a state may exercise personal jurisdiction over a defendant if the defendant places a product in the general marketplace and the product causes injury or damage in the forum state, as long as the defendant also takes other acts to establish some connection with the forum state, as by advertising there or by hirin,, ,orneone to serve ;es a sales aPent then,. Asulit Metal Indus. Co., Ltd. u. Superior Court of California, 480 U.S. 102, 107 S.Ct. 1026 (1987!. 2. The principle that a person who participate in placing a defective product in the general marketplace is strictly liable for harm caused by the product. Restatement (Second) of Torts § 402A (1979

trade and commerce

Every business occupation carried on for subsistence or profit and involving the elements of bargain and sale, barter, exchange, or traffic.

use in commerce

Trademarks. Actual use of a trademark in the sale of goods or services. ( Use of a trademark in commerce is a prerequisite to trademark registration.