parental-discipline privilege. A parent’s right to use reasonable force or to impose reasonable punishment on a child in a way that is necessary to control, train, and educate. • Several factors are used to determine the reasonableness of the action, including whether the actor is the parent; the child’s age, sex, and physical and mental […]
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obsolescence (ob-s[schwa]-les-[schwa]nts). 1. The process or state of falling into disuse or becoming obsolete. 2. A diminution in the value or usefulness of property, esp. as a result of technological advances. • For tax purposes, obsolescence is usu. distinguished from physical deterioration. Cf. DEPRECIATION. [Cases: Taxation 348(4).] economic obsolescence. Obsolescence that results from external economic
taking, n. 1. Criminal & tort law. The act of seizing an article, with or without removing it, but with an implicit transfer of possession or control. constructive taking. An act that does not equal an actual appropriation of an article but that does show an intention to convert it, as when a person entrusted
invalid (in-val-id), adj. 1. Not legally binding (an invalid contract). 2. Without basis in fact (invalid allegations). invalid (in-v[schwa]-lid), n. A person who, because of serious illness or other disability, lacks the physical or mental capability of managing his or her day-to-day life. [Cases: Guardian and Ward 9.5; Mental Health 3. C.J.S. Insane Persons§§ 2,
Serious physical impairment of the human body; esp., bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement or protracted loss or impairment of the function of any body part or organ. Model Penal Code § 210.0(3). • Typically, the fact-finder must decide in any given case whether the injury
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neck verse. Hist. A verse, usu. consisting of the opening verse of Psalm 51 (Miserere mei, Deus “Have mercy on me, O God”), which was used as a literacy test for an accused who claimed benefit of clergy. • An accused who read the passage satisfactorily would not receive the maximum sentence (the person’s neck
material, adj. 1. Of or relating to matter; physical (material goods). 2. Having some logical connection with the consequential facts (material evidence). [Cases: Evidence 143. C.J.S. Evidence §§ 197, 201–204.] 3. Of such a nature that knowledge of the item would affect a person’s decision-making; significant; essential (material alteration of the document). Cf. RELEVANT. [CASES:
functional feature. Trademarks. A design element that is either physically necessary to construct an article or commercially necessary to manufacture and sell it; a product’s attribute that is essential to its use, necessary for its proper and successful operation, and utilitarian rather than ornamental in every detail. • A functional feature is not eligible for
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alibi (al-[schwa]-bI), n. [Latin “elsewhere”] 1. A defense based on the physical impossibility of a defendant’s guilt by placing the defendant in a location other than the scene of the crime at the relevant time. Fed. R. Crim. P. 12. 1. [Cases: Criminal Law 31. 5. C.J.S. Criminal Law § 87.] 2. The fact or
harm, n. Injury, loss, damage; material or tangible detriment. accidental harm. Harm not caused by any tortious act. bodily harm. Physical pain, illness, or impairment of the body. grievous bodily harm. See serious bodily injury under INJURY. physical harm. Any physical impairment of land, chattels, or the human body. serious bodily harm. See serious bodily