Patents. A judicially created theory for finding patent infringement when the accused process or product falls outside the literal scope of the patent claims. • The doctrine evolved to prevent parties from evading liability for patent infringement by making trivial changes to avoid the literal language of the patent claims. Graver Tank & Mfg. Co. […]
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praelegatum (pree-l[schwa]-gay-t[schwa]m), n. [Latin] Roman law. A legacy to one of several heirs whereby the legatee was entitled to the legacy before the estate was divided. • This was similar to an advancement.
de reparatione facienda (dee rep-[schwa]-ray-shee-oh-nee fay-shee-en-d[ schwa]). Hist. 1. An action brought by a joint tenant to compel a cotenant to contribute to the repair of jointly held property. 2. A writ issued in such an action. • The writ had to issue before repairs were undertaken. There was no remedy after repairs began.
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Marchers. Hist. Lords who lived on the borders of Scotland and Wales, and operated, with the permission of the English sovereigns, under their own private laws. • The laws were eventually abolished by the statute 27 Hen. 8, ch. 26. — Also termed Lords Marchers. “Thus the Lords Marchers were practically independent potentates of a
A lien on a vehicle in the amount of the repairs performed by the garage. [Cases: Automobiles 374. C.J.S. Motor Vehicles §§ 1627–1629, 1631–1633, 1639–1677.]
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duumviri (d[y]oo-[schwa]m-v[schwa]-rI), n. pl.[fr. Latin due “two” + viri “men”] 1. Roman law. Magistrates elected or appointed in pairs to hold an office or perform a function. duumviri municipales (d[y]oo-[schwa]m-v[schwa]-rI myoo-nis-[schwa]-pay-leez). [Latin] Two judicial magistrates annually elected in towns and colonies. duumviri navales (d[y]oo-[schwa]m-v[schwa]-rI n[schwa]-vay-leez). [Latin] Two officers appointed to man, equip, and refit the
Hist. English law. A statutorily established tribunal to dispose of encumbered real estate more promptly and easily than could be accomplished through the ordinary judicial machinery. • This type of court was first established in Ireland by acts of 11 & 12 Vict., ch. 48 and 12 & 13 Vict., ch. 77. The purpose of
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amitina (am-[schwa]-tI-n[schwa]). [Latin] Civil law. The daughter of a paternal aunt or maternal uncle; a female first cousin. Pl. amitinae.
freedom of contract. The doctrine that people have the right to bind themselves legally; a judicial concept that contracts are based on mutual agreement and free choice, and thus should not be hampered by external control such as governmental interference. • This is the principle that people are able to fashion their relations by private
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Speech deriving from a corporation and protected under the First Amendment. • It does not lose protected status simply because of its corporate source.