Jensen doctrine. Maritime law. The principle that a state statute may not apply in a maritime case if to do so would “work [ ] material prejudice to the characteristic features of the general maritime law or interfere with the proper harmony and uniformity of that law.” Southern Pac. Co. v. Jensen, 244 U.S. 205, […]
absentee, n. 1. A person who is away from his or her usual residence; one who is absent. 2. A person who is not present where expected. 3. A person who either resides out of state or has departed from the state without having a representative there. “Generally, a person is an absentee when he
manufacture, n. Patents. A thing that is made or built by a human being, as distinguished from something that is a product of nature; esp. any material form produced by a machine from an unshaped composition of matter. • Manufactures are one of the statutory categories of inventions that can be patented. Examples of manufactures
unfair competition. 1. Dishonest or fraudulent rivalry in trade and commerce; esp., the practice of endeavoring to pass off one’s own goods or products in the market for those of another by means of imitating or counterfeiting the name, brand, size, shape, or other distinctive characteristic of the article or its packaging. [Cases: Trade Regulation
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An action that has some characteristics of both a real action and a personal action. [Cases: Action 30. C.J.S. Actions §§ 78–83.]
Property with characteristics of both real property and personal property — such as heirlooms and fixtures. [Cases: Property 4. C.J.S. Property §§ 14–21, 23.]
inherent anticipation. Patents. An invention’s lack of novelty arising from the existence of prior-art products or processes that necessarily possess the same characteristics. • Inherency differs from obviousness in that a lack of novelty must be based on fact, not mere possibility or probability. See INHERENCY DOCTRINE.
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market structure. The broad organizational characteristics of a particular market, including seller concentration, product differentiation, and barriers to entry.
A word, symbol, or device used on goods or services to certify the place of origin, material, mode of manufacture, quality, or other characteristic. See 15 USCA § 1127. — Also termed certification mark. Cf. collective trademark.
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XYY-chromosome defense. Criminal law. A defense, usu. asserted as the basis for an insanity plea, whereby a male defendant argues that his criminal behavior is due to the genetic abnormality of having an extra Y chro-mosome, which causes him to have uncontrollable aggressive impulses. • Most courts have rejected this defense because its scientific foundations
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