Dictionary Search: "Restraint" - Pakistan Law Portal

Restraint

n. 1. Confinement, abridgment, or limitation <a restraint on the freedom of speech>. See PRIOR RESTRAINT. 2. Prohibition of action; holding back <the victim's family exercised no restraint - they told the suspect exactly what they thought of him>. 3. RESTRAINT OF TRADE.

combination in restraint of trade

An express or tacit agreement between two car more persons or entities designed to raise prices, reduce output, or create a monopoly. combination patent. See PATENT (3).

conspiracy in restraint of trade

See RESTRAINT OF TRADE.

disabling restraints

Limits on the ahE,n~uion of property. o These restraints are sometimes void as being against public policy.

equitable-restraint doctrine

See Younger abstention (1) under ABSTENTION. equitable reversion See REVERSION.

horizontal restraint

A restraint of trade imposed by agreement between competitors at the same level of distribution. ( The restraint is horizontal not because it has horizontal effects, but because it is the product of a horizontal agreement. - Also termed horizontal agreement.

judicial restraint

1. A restraint imposed by a court, as by a restraining order, injunction, or judgment. 2. The principle that, when a court can resolve a case based on a particular issue, it should do so, without reaching unnecessary issues. 3. A philosophy of judicial decision-making whereby judges avoid indulging their personal beliefs about the public good and instead try merely to interpret the law as legislated and according to precedent. - Also termed (in senses 2 & 3) judicial self-restraint. CC JUDICIAL ACTIVISM.

judicial self-restraint

See JUDICIAL RESTRAINT.

prior restraint

A governmental restriction on speech or publication before its actual expression. ( Prior restraints violate the First Amendment unless the speech is obscene, is defamatory, or creates a clear and present danger to society. "The legal doctrine of prior restraint (or formal censorship before publication) is probably the oldest form of press control. Certainly it is one of the most efficient, since one censor, working in the watershed, can create a drought of information and ideas long before they reach the fertile plain of people's minds. In the United States, the doctrine of prior restraint has been firmly opposed by the First Amendment to the Constitution, and by the Supreme Court, perhaps most notably in the case of Near v. Minnesota, decided in 1931. But the philosophy behind that doctrine lives zestfully on, and shows no signs of infirmities of age." David G. Clark & Earl R. Hutchinson, Mass Media and the Law 11 (1970). prior-use bar See PUBLIC-USE BAR.

promise in restraint of trade

See PROMISE.

restraint of marriage

A condition (esp. in a gift or bequest) that nullifies the grant to which it applies if the grantee marries or remarries. ( Restraints of marriage are usu. void if they are general or unlimited in scope.

restraint of princes

Archaic. An embargo. ( The phrase still occasionally appears in marineinsurance contexts. - Also termed restraint of princes and rulers; restraint of princes, rulers, and people. See EMBARGO.

restraint of trade

Antitrust. An agreement between or combination of businesses intended to eliminate competition, create a monopoly, artificially raise prices, or otherwise adversely affect the free market. ( Restraints of trade are usu. illegal, but may be declared reasonable if they are in the best interests of both the parties and the public. - Often shortened to restraint. - Also termed conspiracy in restraint of trade. See PER SE RULE; RULE OF REASON.

restraint on alienation

1. A restriction, usu. in a deed of conveyance, on a grantee's ability to sell or transfer real property; a provision that conveys an interest and that, even after the interest has become vested, prevents the owner from disposing of it at all or from disposing of it in particular ways or to particular persons. ( Restraints on alienation are generally unenforceable as against public policy favoring the free alienability of land. - Also termed unreasonable restraint on alienation. 2. A trust provision that prohibits or penalizes alienation of the trust corpus.

unreasonable restraint of trade

A restraint of trade that produces a significant anticompetitive effect and thus violates antitrust law.

unreasonable restraint on alienation

See RESTRAINT ON ALIENATION (1).

vertical restraint