Intellectual property. The resemblance of one trademark or copyrighted work to another. • How closely a trademark must resemble another to amount to infringement depends on the nature of the product and how much care the typical buyer would be expected to take in making the selection in that particular market. It is a question […]
ad comparendum (ad kom-p[schwa]-ren-d[schwa]m), vb. [Law Latin] To appear. • This term is part of the larger phrase ad comparendum, et ad standum juri (“to appear and to stand to the law”). — Also termed (in standard Latin) ad comparandum.
de medietate linguae (dee mee-dee-[schwa]-tay-tee ling-gwee). [Law Latin] Of half-tongue. • This term describes a jury made up of an equal number of natives and aliens. Edward III originally provided for such a jury in commercial cases when one party was an alien. It was later extended to criminal cases. If enough aliens could not
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A corporation that, though lacking a charter, has acquired its corporate status through a long period of operating as a corporation. • Such an entity may engage in any enterprises that are not manifestly inconsistent with the purposes for which it is assumed to have been created. — Also termed common-law corporation. [Cases: Corporations 27.]
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racketeering, n. 1. A system of organized crime traditionally involving the extortion of money from businesses by intimidation, violence, or other illegal methods. [Cases: Racketeer Influenced and Corrupt Organizations 4, 103. C.J.S. RICO (Racketeer Influenced and Corrupt Organizations) §§ 4, 6.] 2. A pattern of illegal activity (such as bribery, extortion, fraud, and murder) carried
Jewell instruction (joo-w[schwa]l).Criminal procedure. A court’s instruction to the jury that the defendant can be found to have the requisite criminal mental state despite being deliberately ignorant of some of the facts surrounding the crime. • If a defendant claims ignorance of some fact essential to the crime, such as not knowing that a particular
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property settlement. 1. A judgment in a divorce case determining the distribution of the marital property between the divorcing parties. • A property settlement includes a division of the marital debts as well as assets. — Also termed property division; division of property. [Cases: Husband and Wife 248.] 2. A contract that divides up the
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The right to participate in the establishment or administration of government, such as the right to vote or the right to hold public office. — Also termed political liberty. [Cases: Constitutional Law 82(8); Elections 1; Officers and Public Employees 18. C.J.S. Constitutional Law §§ 461–462, 612, 614–619, 624–626; Elections§§ 1(1, 10), 2; Officers and Public
ope et consilio (oh-pee et k[schwa]n-sil-ee-oh). [Latin] Civil law. By aid and counsel. • The term is usu. applied to accessories to crimes. It is analogous to the common-law concept of aiding and abetting. — Abbr. o.c. — Sometimes shortened to ope consilio. Cf. ART AND PART.
continuation. Patents. A patent application that is based on the same disclosure and that claims the same invention as a rejected parent application but contains some change in the scope of the claims. • A continuation application maintains the original filing date for prior-art and interference purposes, as long as it is filed while the