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habendum clause

habendum clause (h[schwa]-ben-d[schwa]m). 1. The part of an instrument, such as a deed or will, that defines the extent of the interest being granted and any conditions affecting the grant. • The introductory words to the clause are ordinarily to have and to hold. — Also termed to-have-and-to-hold clause. [Cases: Deeds 120. C.J.S. Deeds §§ […]

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housebreaking

housebreaking. The crime of breaking into a dwelling or other secured building, with the intent to commit a felony inside; BURGLARY. • Burglary is now used more frequently than housebreaking. In England, for example, housebreaking was replaced in 1968 with statutory burglary, though the term is still used in Scots law. In some jurisdictions, housebreaking

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wharton’s rule

Wharton’s rule ([h]wor-t[schwa]n).Criminal law. The doctrine that an agreement by two or more persons to commit a particular crime cannot be prosecuted as a conspiracy if the crime could not be committed except by the actual number of participants involved. • But if an additional person participates so as to enlarge the scope of the

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negotiable

negotiable, adj. 1. (Of a written instrument) capable of being transferred by delivery or indorsement when the transferee takes the instrument for value, in good faith, and without notice of conflicting title claims or defenses. [Cases: Bills and Notes 144. C.J.S. Bills and Notes; Letters of Credit§§ 127, 129–130, 143.] 2. (Of a deal, agreement,

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broadening of a claim

broadening of a claim. Patents. The enlargement of the scope of a patent claim to expand its coverage. • The broader a patent claim, the greater the scope of protection because more methods or devices may potentially infringe the claim. But drafting a claim broadly increases the risk that an accused infringer may successfully invalidate

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maim

maim, n. Archaic. The type of injury required for the commission of mayhem; esp., serious injury to part of a person’s body that is necessary for fighting. — Also termed maihem; maihemium. See MAYHEM. [Cases: Mayhem 1. C.J.S. Mayhem §§ 2–6.] — maim, vb. “Maihem or maim is where by the wrongful act of another

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lesion

lesion (lee-zh[schwa]n). 1. An injury or wound; esp., an area of wounded tissue. 2. Civil law. Loss from another’s failure to perform a contract; the injury suffered by one who did not receive the equivalent value of what was bargained for. La. Civ. Code art. 2589. — Also spelled (in sense 2) lésion. [Cases: Vendor

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codicil

codicil (kod-[schwa]-s[schwa]l or -sil). A supplement or addition to a will, not necessarily disposing of the entire estate but modifying, explaining, or otherwise qualifying the will in some way. • When admitted to probate, the codicil becomes a part of the will. [Cases: Wills 99. C.J.S. Wills § 214.] “A Schedule or supplement to a

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