Search Results for: SCANDALOUS MATTER

scandalous matter

scandalous matter. Civil procedure. A matter that is both grossly disgraceful (or defamatory) and irrelevant to the action or defense. • A federal court — upon a party’s motion or on its own — can order a scandalous matter struck from a pleading. Fed. R. Civ. P. 12(f). Cf. IMPERTINENT MATTER. [Cases: Federal Civil Procedure […]

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scandalous matter

scandalous matter 诽谤性的事项 通常指对诉讼一方当事人的名声、道德品质造成贬低的事项或对该事项的叙述使用了令人反感的语言。依美国的《联邦民事诉讼规则》〔Fed.R.Civil P.〕,对诉状中的诽谤性事项,法院可依当事人的申请予以排除。英国的《最高法院规则》〔R.S.C.〕也规定法院对诉状或宣誓书〔affidavit〕中的诽谤性事项可裁定予以排除。对诽谤性的质询书〔interrogatory〕可提出异议。

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scandalous subject matter

scandalous subject matter. Trademarks. A word, phrase, symbol, or graphic depiction that the U.S. Patent and Trademark Office may refuse to register because it is shockingly offensive to social mores. • Although the Lanham Act uses the phrase “immoral, deceptive, or scandalous subject matter,” courts have not distinguished “scandalous” from “immoral.” [Cases: Trade Regulation 161.

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immoral subject matter

immoral subject matter. 1. Patents. Inventions that do not have a socially beneficial use. • In the past, patents were denied for some categories of inventions, such as gambling devices and fraudulent products, esp. medicines. The doctrine is rarely used today. [Cases: Patents 46. C.J.S. Patents § 59.] 2. Trademarks. SCANDALOUS SUBJECT MATTER.

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impertinent matter

impertinent matter. Procedure. In pleading, matter that is not relevant to the action or defense. • A federal court may strike any impertinent matter from a pleading. Fed. R. Civ. P. 12(f). Cf. SCANDALOUS MATTER. [Cases: Federal Civil Procedure 1127; Pleading 364(4). C.J.S. Pleading § 683.] “The court will not strike out the matter unless

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scandal

scandal. 1. Disgraceful, shameful, or degrading acts or conduct. 2. Defamatory reports or rumors; esp., slander. See SCANDALOUS MATTER. “Scandal consists in the allegation of anything which is unbecoming the dignity of the court to hear, or is contrary to decency or good manners, or which charges some person with a crime not necessary to

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