overinclusive
overinclusive, adj. (Of legislation) extending beyond the class of persons intended to be protected or regulated; burdening more persons than necessary to cure the problem (an overinclusive classification).
Search Results for: protected class
sui generis
sui generis (s[y]oo-Iorsoo-ee jen-[schwa]-ris). [Latin “of its own kind”] Of its own kind or class; unique or peculiar. • The term is used in intellectual-property law to describe a regime designed to protect rights that fall outside the traditional patent, trademark, copyright, and trade-secret doctrines. For example, a database may not be protected by copyright
insured
insured, n. A person who is covered or protected by an insurance policy. — Also termed assured. [Cases: Insurance 2100. C.J.S. Insurance § 389.] additional insured. A person who is covered by an insurance policy but who is not the primary insured. • An additional insured may, or may not, be specifically named in the
zone of interests
The class or type of interests or concerns that a statute or constitutional guarantee is intended to regulate or protect. • To have standing to challenge a ruling (esp. of an administrative agency), the plaintiff must show that the specific injury suffered comes within the zone of interests protected by the statute on which the
adequate representation
A close alignment of interests between actual parties and potential parties in a lawsuit, so that the interests of potential parties are sufficiently protected by the actual parties. • The concept of adequate representation is often used in procedural contexts. For example, if a case is to be certified as a class action, there must
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quia timet
quia timet (kwI-[schwa] tI-m[schwa]t orkwee-[schwa] tim-et). [Latin “because he fears”] A legal doctrine that allows a person to seek equitable relief from future probable harm to a specific right or interest. [Cases: Equity 17. C.J.S. Equity § 55.] “A second class of cases where equity courts act to prevent injury are known as ‘quia timet’
animus
(an-[schwa]-m[schwa]s). [Latin] 1. Ill will; animosity. class-based animus A prejudicial disposition toward a discernible, usu. constitutionally protected, group of persons. • A class-based animus is an essential element of a civil-rights conspiracy case. [Cases: Civil Rights 1033(1), 1137. C.J.S. Civil Rights §§ 18, 20, 23–24, 34, 39–40.]
zero coupon bond
zone of interests. The class or type of interests or concerns that a statute or constitutional guarantee is intended to regulate or protect. • To have standing to challenge a ruling (esp. of an administrative agency), the plaintiff must show that the specific injury suffered comes within the zone of interests protected by the statute
trademark application
trademark application. A mark owner’s written request, filed with the U.S. Patent and Trademark Office, for federal registration of a mark, accompanied by a sample of the mark to be protected and the filing fee. • The application may describe either an existing mark that is in use or a proposed mark. — Also termed
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