Search Results for: RULE, THE

exoneration

exoneration (eg-zon-[schwa]-ray-sh[schwa]n). 1. The removal of a burden, charge, responsibility, or duty. 2. The right to be reimbursed by reason of having paid money that another person should have paid. 3. The equitable right of a surety — confirmed by statute in many states — to proceed to compel the principal debtor to satisfy the […]

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rebellion

rebellion. 1. Open, organized, and armed resistance to an established government or ruler. 2. Open resistance or opposition to an authority or tradition. 3. Hist. Disobedience of a legal command or summons.

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paris convention for the protection of industrial property

Paris Convention for the Protection of Industrial Property. A treaty designed to unify and streamline patent prosecutions and trademark applications among the signatories. • The Convention eased the harsh effects of the first-to-file priority rule by allowing an applicant in any member country one year in which to apply in other member countries while maintaining

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prescribe

prescribe, vb. 1. To dictate, ordain, or direct; to establish authoritatively (as a rule or guideline). 2. To claim ownership through prescription. 3. To invalidate or otherwise make unenforceable through prescription. 4. To become invalid or otherwise unenforceable through prescription.

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plain meaning

The meaning attributed to a document (usu. by a court) by giving the words their ordinary sense, without referring to extrinsic indications of the author’s intent. — Also termed ordinary meaning. See PLAIN-MEANING RULEE. [Cases: Contracts 152. C.J.S. Contracts §§ 307, 318–322, 327, 331.]

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delectus personae

delectus personae (di-lek-t[schwa]s p[schwa]r-soh-nee). [Latin “choice of the person”] The rule that when personal relations are important, a person cannot be compelled to associate with another person. • Based on this principle, a partner has the right to accept or reject a candidate proposed as a new partner.

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unwritten law

unwritten law. Law that, although never enacted in the form of a statute or ordinance, has the sanction of custom. • The term traditionally includes caselaw. — Also termed jus non scriptum; jus ex non scripto; lex non scripta; jus moribus constitutum. “[T]he very words of the court promulgating the opinion and making the decision

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missing person

missing person. 1. Someone whose whereabouts are unknown and, after a reasonable time, seem to be unascertainable. 2. Someone whose continuous and unexplained absence entitles the heirs to petition a court to declare the person dead and to divide up the person’s property. See SEVEN-YEARS’-ABSENCE RULE . Cf. DISAPPEARED PERSON. [Cases: Death 2. C.J.S. Death

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