breaking a patent. The act of demonstrating that a patent is invalid or unenforceable because it was used unlawfully by the patentee (esp. in violation of antitrust laws), or improperly issued by the U.S. Patent and Trademark Office because of fraud, the existence of prior art, or any other barrier to proper issuance. • Defendants […]
breach of close. The unlawful or unauthorized entry on another person’s land; a common-law trespass. — Also termed breaking a close. See CLOSE(1). [Cases: Trespass 10. C.J.S. Trespass §§ 13–15.]
reasonable person. 1. A hypothetical person used as a legal standard, esp. to determine whether someone acted with negligence; specif., a person who exercises the degree of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own and of others’ interests. • The reasonable person acts sensibly, does
excommunicato recapiendo (eks-k[schwa]-myoo-ni-kay-toh ri-kap-ee-en-doh). [Latin] Hist. Eccles. law. A writ commanding that an excommunicant — who had been committed to prison for obstinacy but who was unlawfully freed before agreeing to obey the church’s authority — should be found, retaken, and imprisoned again.
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rebellious assembly (英格兰古法)叛逆集会 12人或12人以上的非法集会，企图或事实上自行改变现行法规；或破坏猎园、圈地的围栏、鱼塘、池塘的堤岸等；或毁损猎园中的鹿群、池塘中的鱼类、养兔场的兔子等；或烧燬谷物；或减少租金、降低食品价格等。(→unlawful assembly)
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body-snatching, n. The unlawful removal of a corpse, esp. from a grave. — body-snatcher, n.
escape, n. 1. The act or an instance of breaking free from confinement, restraint, or an obligation. 2. An unlawful departure from legal custody without the use of force. — Also termed actual escape. Cf. PRISON BREACH. [Cases: Escape 1. C.J.S. Escape §§ 2–3, 5–10, 12, 27, 44.] “In the technical sense an ‘escape’ is
captive, n. 1. A person who is unlawfully seized and held by another. Cf. PRISONER. 2. PRISONER OF WAR. 3. An animal, esp. a wild one, that is caught and kept confined.
whitecapping. Criminal law. The criminal act of threatening a person — usu. a member of a minority group — with violence in an effort to compel the person either to move away or to stop engaging in a certain business or occupation. • Whitecapping statutes were originally enacted to curtail the activities of the Ku
A person’s legally recognized possession of land despite the person’s not having actual possession after being improperly or unlawfully dispossessed by another.
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