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mere evidence rule

mere-evidence rule. Criminal procedure. The former doctrine that a search warrant allows seizure of the instrumentalities of the crime (such as a murder weapon) or the fruits of the crime (such as stolen goods), but does not permit the seizure of items that have evidentiary value only (such as incriminating documents). • The Supreme Court […]

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mcdonnell douglas test

McDonnell Douglas test. Employment law. The principle for applying a shifting burden of proof in employment-discrimination cases, essentially requiring the plaintiff to come forward with evidence of discrimination and the defendant to come forward with evidence showing that the employment action complained of was taken for nondiscriminatory reasons. • Under this test, the plaintiff is

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unitization

unitization. Oil & gas. The collection of producing wells over a reservoir for joint operations such as enhanced-recovery techniques. • Unitization is usu. carried out after primary production has begun to fall off substantially, in order to permit efficient secondary-recovery operations. It is also done to comply with well-spacing requirements established by state law or

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inner cabinet

The heads of the departments of State, Treasury, Defense, and Justice. • This group is so called because in most administrations it tends to be closer to the executive and more influential than the rest of the cabinet (the outer cabinet).

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finding of fact

finding of fact. A determination by a judge, jury, or administrative agency of a fact supported by the evidence in the record, usu. presented at the trial or hearing (he agreed with the jury’s finding of fact that the driver did not stop before proceeding into the intersection). — Often shortened to finding. See FACT-FINDER.

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analogous use

analogous use. 1. Patents. The application of a process already known in one field of art to produce a similar result in another field. • Unless the fields are so unrelated or the outcomes so different as to produce a novel, useful, and nonobvious result, an analogous use is not patentable. 2. Trademarks. The use

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knockoff

knockoff, n. Intellectual property. An unauthorized counterfeit and usu. inferior copy of another’s product, esp. one protected by patent, trademark, trade dress, or copyright, usu. passed off at a substantially lower price than the original.

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