wafter
wafter (waf-t[schwa]r), n. [Middle English “convoyer”] Hist. An English naval officer appointed under Edward IV to protect fishermen, esp. on the coast of Norfolk and Suffolk. — Also spelled waftor.
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design patent
A patent granted for a new, original, and ornamental design for an article of manufacture; a patent that protects a product’s appearance or nonfunctional aspects. • Design patents — which, unlike utility patents, have a term of only 14 years from the date on which the patent is granted — are similar to copyrights. 36
prohibited and reserved trademark
A mark that is not protected under the Lanham Act because it either falls into an expressly excluded category or else is similar to a mark or marks granted by statute to others. 15 USCA § 1052. — Also termed prohibited and reserved mark.
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least intrusive means doctrine
least-intrusive-means doctrine. A doctrine requiring the government to exhaust all other investigatory means before seeking sensitive testimony, as by compelling an attorney to testify before a grand jury on matters that may be protected by the attorney–client privilege.
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state of the art
state of the art. Products liability. The level of pertinent scientific and technical knowledge existing at the time of a product’s manufacture, and the best technology reasonably available at the time the product was sold. — Also termed state of art. [Cases: Products Liability 11. C.J.S. Products Liability §§ 19–21.] — state-of-the-art, adj. “While the
mathews v eldridge test
Mathews v. Eldridge test. Constitutional law. The principle for determining whether an administrative procedure provides due-process protection, by analyzing (1) the nature of the private interest that will be affected by the governmental action, (2) the risk of an erroneous deprivation through the procedure used, (3) the probable value of additional or substitute procedural safeguards,
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compelling state interest test
compelling-state-interest test. Constitutional law. A method for determining the constitutional validity of a law, whereby the government’s interest in the law and its purpose is balanced against an individual’s constitutional right that is affected by the law. • Only if the government’s interest is strong enough will the law be upheld. The compelling-state-interest test is
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federal emergency management agency
Federal Emergency Management Agency. A unit in the Department of Homeland Security responsible for coordinating all emergency-preparedness activities of the federal government through its ten regional offices. • FEMA also operates the National Flood Insurance Program and is responsible for fire protection and arson control. It was established as an independent agency by Executive Order
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unenforceable contract
A valid contract that, because of some technical defect, cannot be fully enforced; a contract that has some legal consequences but that may not be enforced in an action for damages or specific performance in the face of certain defenses, such as the statute of frauds. Cf. illegal contract; void contract. — Also termed agreement
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discovery rule
discovery rule. Civil procedure. The rule that a limitations period does not begin to run until the plaintiff discovers (or reasonably should have discovered) the injury giving rise to the claim. • The discovery rule usu. applies to injuries that are inherently difficult to detect, such as those resulting from medical malpractice. See STATUTE OF