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occupational disease

occupational disease. A disease that is contracted as a result of exposure to debilitating conditions or substances in the course of employment. • Employees who suffer from occupational diseases are eligible for workers’ compensation. Courts have construed the term to include a variety of ailments, including lung conditions (such as asbestosis or black lung), hearing […]

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legal mind

legal mind. The intellect, legal capacities, and attitudes of a well-trained lawyer — often used as a personified being (although this distinction occurs naturally to the legal mind, it is too technical to be satisfactory).

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pondere numero et mensura

pondere, numero, et mensura (pon-d[schwa]r-ee, n[y]oo-m[schwa]r-oh, et men-s[y]uur-[schwa]). [Latin] Hist. By weight, number, and measure. • The phrase appeared in reference to methods for determining fungibles. “Pondere, numero, et mensura…. These are the tests proposed by our law, by which to ascertain whether a certain subject falls within that class of subjects known as fungibles,

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land use regulation

land-use regulation. An ordinance or other legislative enactment governing the development or use of real estate. — Also spelled landuse regulation. [Cases: Zoning and Planning 1. C.J.S. Zoning and Land Planning §§ 2, 5–7, 17–18.] “Public regulation of the use and development of land comes in a variety of forms which generally focus on four

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market share

market share. The percentage of the market for a product that a firm supplies, usu. calculated by dividing the firm’s output by the total market output. • In antitrust law, market share is used to measure a firm’s market power, and if the share is high enough — generally 70% or more — then the

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quayle action

Quayle action. Patents. An office action telling the patent applicant that the claims are allowable on the merits but that the form of the application still needs to be amended. Ex parte Quayle, 25 USPQ 74, 1935 C.D. 11, 453 O.G. 213 (Comm’r Pat. 1935). • The applicant generally has two months to respond. A

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absentee

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

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long term foster care

The placing of a child in foster care for extended periods, perhaps even for the child’s entire minority, in lieu of family reunification, termination and adoption, or guardianship. • Although most courts do not generally find this arrangement to be in a child’s best interests, sometimes it is the only possibility, as when the child,

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