end lines. Mining law. A claim’s lines, as platted or laid down on the ground, that mark its boundaries on the shorter dimension, where the claim crosses the vein, in contrast to side lines, which mark the longer dimension and follow the course of the vein. • With reference to the apex rule, if the […]
White model. Labor law. A method for determining whether a union member’s state-law claim against the em-ployer is preempted by federal law, by focusing on whether state law permits the claim to be waived by a private contract. • In Lingle v. Norge Division of Magic Chef, Inc., 486 U.S. 399, 108 S.Ct. 1877 (1988),
W–4 form. Tax. A form that indicates the number of personal exemptions an employee is claiming and that is used by the employer in determining the amount of income to be withheld from the employee’s paycheck for feder-al-income tax purposes. — Also termed Employee’s Withholding Allowance Certificate. Cf. W-2 FORM. [Cases: Internal Revenue 4849. C.J.S.
doctrine of equivalents. 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
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Patent Act of 1836. Hist. The U.S. statute that charged the Patent Office with examining patent applications for novelty and utility, and that first required claims in patent applications.
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logical-relationship standard. Civil procedure. A test applied to determine whether a defendant’s counterclaim is compulsory, by examining whether both claims are based on the same operative facts or whether those facts activate additional rights, otherwise dormant, for the defendant. • One of the most important factors considered is whether hearing the claims together would promote
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Wands test. Patents. A judicial test of “undue experimentation” for determining whether a patent application’s specification teaches one skilled in the art how to make and work the claimed invention. In re Wands, 858 F.2d 731 (Fed. Cir. 1988). • The test takes account of eight factors: (1) how much experimentation would be needed, (2)
Antitrust. Under the test for determining whether a private entity may claim a state-action exemption from the antitrust laws, the right of the state to review the entity’s anticompetitive acts and to disap-prove those acts that do not promote state policy. See STATE-ACTION DOCTRINE; MIDCAL TEST. [Cases: Monopolies 12(15.5). C.J.S. Monopolies §§ 136, 138–143.]
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vouch, vb. 1. To answer for (another); to personally assure (the suspect’s mother vouched for him). 2. To call upon, rely on, or cite as authority; to substantiate with evidence (counsel vouched the mathematical formula for determining the statistical probability). 3. Hist. To call into court to warrant and defend, usu. in a fine and
heartbalm statute. A state law that abolishes the rights of action for monetary damages as solace for the emotional trauma occasioned by a loss of love and relationship. • The abolished rights of action include alienation of affections, breach of promise to marry, criminal conversation, and seduction of a person over the legal age of