Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Marcus model
Labor law. A method for determining whether a union member's state-law claim against the employer is preempted by federal law, by focusing on whether the statelaw claim can be maintained independently of an interpretation of the collective-bargaining agreement. ( In Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 108 S.Ct. 1877 (1988), the Supreme Court held that a union member's state-law retaliatory-discharge claim was not preempted by the Labor-Management Relations Act because the claim could be resolved without interpreting the collective-bargaining agreement. There are at least two models for applying the Lingle test: the White model, which focuses on whether the claim is negotiable or nonnegotiable (that is, whether state law allows the claim to be waived by a private contract), and the Marcus model, which focuses on the independence of the claim in relation to the collective-bargaining agreement. Under the Marcus model, if the claim can be maintained separately from an interpretation of the collective-bargaining agreement, it is not preempted regardless of whether the claim is generally waivable in contract. The Marcus model is named for the author of the law-review note in which it was proposed. Stephanie R. Marcus, Note, The Need for a New Approach to Federal Preemption of Union Members' State Law Claims, 99 Yale L.J. 209 (1989). Cf. WHITE MODEL. See LINGLE TEST.
Model Code of Professional Responsibility.
A set of ethical guidelines for lawyers, organized in the form of canons, disciplinary rules, and ethical considerations. ( Published by the ABA in 1969, this code has been replaced in most states by the Model Rules of Professional Conduct.
Model Penal Code test.
See SUBSTANTIAL-CAPACITY TEST.
Model Penal Code.
A proposed criminal code drafted by the American Law Institute and used as the basis for criminal-law revision by many states. - Abbr. MPC."The maxim rnobilia sequuntur personam is the exception rather than the rule, and is probably to be confined to certain special classes of general assignments such as marriage settlements and devolutions on death and bankruptcy." Handel a. Slatford, 1953 Q.B. 248, 257 (Eng. C.A.)."Under the influence of Savigny many Continental systems in the mid-nineteenth century led the way for Anglo-American law in limiting the operation of the doctrine of mobilia sequuntur personam to universal assignments of movables, adopting for particular assignments the single principle of the lex situs of the movable." R.H. Graveson, Conflict of Laws 457 (7th ed. 1974).
Model Rules of Professional Conduct.
A set of ethical guidelines for lawyers, organized in the form of 52 rules - some mandatory, some discretionary - together with explanatory comments. ( Published by the ABA in 1983, these rules have generally replaced the Model Code of Professional Responsibility and have been adopted as law by many states.
Odel
See ODAL.
hite model
Labor law. A method for determining whether a union member's state-law claim against the employer is preempted by federal law, by focusing on whether state law permits the claim to be waived by a private contract. ( In Lingle u. Norge Diuision of Magic Chef, Inc., 486 U.S. 399, 108 S.Ct. 1877 (1988), the Supreme Court held that a union member's state-law retaliatory-discharge claim was not preempted by the Labor--Management Relations Act because the claim could be resolved without interpreting the collective-bargaining agreement. There are at least two models for applying the Lingle test: the White model, which focuses on whether the claim is negotiable or nonnegotiable (that is, whether state law allows the claim to be waived by a private contract) and the Marcus model, which focuses on the independence of the claim in relation to the collective-bargaining agreement. Under the White model, all negotiable claims (those waivable by private contact) are necessarily preempted because their resolution will require an interpretation of the collective-bargaining agreement. A nonnegotiable claims (one that state law does not permit to be waived by private contract) will be preempted only if its resolution requires an interpretation of the collective-bargaining agreement. The White model is named for the author of the law-review article in which it was proposed. Rebecca Homer White, Section 301 's Preemption of State Law Claims: A Model for Analysis, 41 Ala. L. Rev. 377 (1990). Cf. MARCUS MODEL. See LINGLE TEST.
model act
A statute drafted by the National Conference of Commissioners on Uniform State Laws and proposed as guideline legislation for the states to borrow from or adapt to suit their individual needs. ( Examples of model acts include the Model Employment Termination Act and the Model Punitive Damages Act. Cf. UNIFORM ACT.
model jury charge.
See model jury instruction under JURY INSTRUCTION.
model jury instruction
A form jury charge usu. approved by a state bar association or similar group regarding matters arising in a typical lawsuit. ( Courts usu. accept model jury instructions as authoritative. - Also termed pattern jury instruction; pattern jury charge; model jury charge.
model jury instruction.
See JURY INSTRUCTION.