equitypraeter legem
equity praeter legem (pree-t[schwa]r lee-j[schwa]m). The use of equity to fill a gap in the law. — Sometimes shortened to praeter legem.
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Search Results for: ILL
government security
A security issued by a government, a government agency, or a government corporation; esp., a security (such as a Treasury bill) issued by a U.S. government agency, with the implied backing of Congress. — Also termed government-agency security; agency security. [Cases: Securities Regulation 5.29; United States 91. C.J.S. Securities Regulation § 25; United States §§
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recognizance
recognizance (ri-kog-n[schwa]-z[schwa]nts). 1. A bond or obligation, made in court, by which a person promises to perform some act or observe some condition, such as to appear when called, to pay a debt, or to keep the peace; specif., an in-court acknowledgment of an obligation in a penal sum, conditioned on the performance or nonperformance
blonder–tongue doctrine
Blonder–Tongue doctrine. Patents. The rule that a patentee is barred by collateral estoppel from relitigating the validity of a patent that has been held invalid in an earlier proceeding in which the patentee had a full and fair opportunity to litigate the patent’s validity. • The rule was adopted by the U.S. Supreme Court in
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inherency doctrine
inherency doctrine. Patents. The rule that anticipation can be inferred despite a missing element in a prior-art reference if the missing element is either necessarily present in or a natural result of the product or process and a person of ordinary skill in the art would know it. • On one hand, the doctrine precludes
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herbage
herbage ([schwa]r-bij). In England, an easement or liberty of pasturage on another’s land. HERDWERCH herdwerch (h[schwa]rd-w[schwa]rk), n. Hist. Herdsmen’s work, or customary labor, done by shepherds and inferior tenants at the lord’s will. — Also spelled heordwerch.
claim dilution
claim dilution. Bankruptcy. The reduction in the likelihood that a debtor’s claimants will be fully repaid, including considerations of the time value of money.
undue experimentation
undue experimentation. Patents. An unreasonable amount of research and testing that would be required for a person skilled in the appropriate art to make and work an invention from the specification in the patent application. • If undue experimentation would be required, the application fails the embodiment requirement of 35 USCA § 112. See WANDS
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forcible entry
forcible entry. 1. The act or an instance of violently and unlawfully taking possession of lands and tenements against the will of those in lawful possession. 2. The act of entering land in another’s possession by the use of force against another or by breaking into the premises.
manumission testamento
The freeing of a slave by will in either of two ways: (1) the master’s granting the slave freedom outright in the will, or (2) the master’s imposing on an heir the obligation of freeing the slave, in which case the slave became the freedman of the heir. — Also termed manumissio testamento.
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