continuation. Patents. A patent application that is based on the same disclosure and that claims the same invention as a rejected parent application but contains some change in the scope of the claims. • A continuation application maintains the original filing date for prior-art and interference purposes, as long as it is filed while the […]
ex deliberatione Dominorum Concilii (eks di-lib-[schwa]-ray-shee-oh-nee dom-[schwa]-nor-[schwa]m k[schwa]n-sil-ee-I). [Law Latin] Hist. After consideration by the Lords of Council. “Formerly all writs which passed the signet were procured by presentation of a bill (or petition) for such writ. The bill was perused and considered by the Lord Ordinary on the Bills, and if he was satisfied,
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nativi conventionarii (n[schwa]-tI-vI k[schwa]n-ven-shee-[schwa]-nair-ee-I), n. pl.[Law Latin] Hist. Villeins by contract.
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necessitas (n[schwa]-ses-i-tas), n. [Latin] Roman law. 1. Necessity. 2. A force or influence that compels an unwilling person to act. • The term refers to a lack of free will to do a legal act, as opposed to libera voluntas (“free will”).
worthiest of blood, n. Hist. Of or relating to males, because of the preference given them in the laws of descent. See PRIMOGENITURE. “Thus sons shall be admitted before daughters; or, as our male lawgivers have somewhat uncomplaisantly expressed it, the worthiest blood shall be preferred. As if John Stiles hath two sons, Matthew and
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Deadbeat Parents Punishment Act. A 1998 federal statute that makes it a felony, punishable by up to two years in prison, for failure to pay child support if the obligor has crossed state lines in an attempt to avoid paying the support. • The Act provides felony penalties if (1) a person travels across state
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pass, vb. 1. To pronounce or render an opinion, ruling, sentence, or judgment ( the court refused to pass on the constitutional issue, deciding the case instead on procedural grounds). 2. To transfer or be transferred (the woman’s will passes title to the house to her nephew, much to her husband’s surprise) (title passed when
label-and-significant-characteristics test. Securities. The rule that an instrument will be governed by the secur-ities laws if it is labeled a stock and has the significant characteristics typically associated with shares of stock.
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A previously unenforceable promise that a promisor revives and agrees to fulfill, as when a debtor agrees to pay a creditor an amount discharged in the debtor’s bankruptcy.
negotiation, n. 1. A consensual bargaining process in which the parties attempt to reach agreement on a disputed or potentially disputed matter. • Negotiation usu. involves complete autonomy for the parties involved, without the intervention of third parties. [Cases: Contracts 25. C.J.S. Contracts § 60.] “Negotiation, we may say, ought strictly to be viewed simply