mediation (mee-dee-ay-sh[schwa]n), n. 1. A method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution; CONCILIATION. — Also termed case evaluation; facilitated negotiation. [Cases: Arbitration 1–47. C.J.S. Arbitration §§ 2–90, 92–93, 107, 109–110, 179–188; Architects§ 25.] 2. Int’l law. A process whereby a […]
Patents. A technique, product, application, machine, or method that is reasonably related to the problem addressed by the invention, and with which the inventor is assumed to be familiar. — Also termed per-tinent art. See NONOBVIOUSNESS. [Cases: Patents 16(3).]
mass-appraisal method. A technique for valuing large areas of land by studying market data to determine the price that similar property would sell for, without engaging in a parcel-by-parcel analysis. [Cases: Taxation 348. C.J.S. Taxation §§ 510–511, 515–516, 519, 523.]
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de salva gardia (dee sal-v[schwa] gahr-dee-[schwa]), n. [Law Latin “of safeguard”] A writ issued to protect strangers from harm while pursuing their legal rights in England.
monstraverunt (mon-str[schwa]-veer-[schwa]nt). [Latin “they have showed”] Hist. A writ of relief for tenants of ancient demesne who were distrained by their lord to do more than the tenure required. — Also termed writ of monstraverunt. “The little writ serves the turn of a man who claims land according to the custom of the manor; but
Sears–Compco doctrine. The principle that Congress, by passing copyright, trademark, and patent laws, has preempted some state-law protection of information that is not protected by those statutes. Sears, Roebuck & Co. v. Stiffel Co., 376 U.S. 225, 84 S.Ct. 784 (1964); Compco Corp. v. Day-Brite Lighting, Inc., 376 U.S. 234, 84 S.Ct. 779 (1964). •
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The conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case. — Also termed due process of law; due course of law. See FUNDAMENTAL-FAIRNESS DOCTRINE. [Cases: Constitutional Law
merits. 1. The elements or grounds of a claim or defense; the substantive considerations to be taken into account in deciding a case, as opposed to extraneous or technical points, esp. of procedure (trial on the merits). 2. EQUITY(3) (on questions of euthanasia, the Supreme Court has begun to concern itself with the merits as
An actual or imminent invasion of a legally protected interest, in contrast to an invasion that is conjectural or hypothetical. • An injury in fact gives the victim standing to bring an action for damages. [Cases: Federal Civil Procedure 103.2.]
stay-away order. 1. In a domestic-violence case, an order forbidding the defendant to contact the victim. • A stay-away order usu. prohibits the defendant from coming within a certain number of feet of the victim’s home, school, work, or other specific place. Stay-away orders are most often issued in criminal cases. 2. RESTRAINING ORDER(1). 3.