burden of allegation
burden of allegation. A party’s duty to plead a matter in order for that matter to be heard in the lawsuit. — Also termed burden of pleading.
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Search Results for: TERM OF ART
post expiration sales theory
post-expiration-sales theory. Patents. A theory of lost-profits remedy by which compensation is sought for sales lost after a patent expired, on the basis that infringement gave the competitor a head start on entering the market. — Also termed accelerated-reentry theory. [Cases: Patents 318(3).C.J.S. Patents §§ 564, 566.]
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sampling
sampling, n. Copyright. The process of taking a small portion of a sound recording and digitally manipulating it as part of a new recording. • Sampling may infringe the copyright of the sample’s source, esp. the musical-works and sound-recording copyrights. — Also termed digital sampling. [Cases: Copyrights and Intellectual Property 67. 2. C.J.S. Copyrights and
section
section. 1. A distinct part or division of a writing, esp. a legal instrument. — Abbr. §; sec.; s. 2. Real estate. A piece of land containing 640 acres, or one square mile. • Traditionally, public lands in the United States were divided into 640-acre squares, each one called a “section.” — Also termed section
suretyship
suretyship. 1. The legal relation that arises when one party assumes liability for a debt, default, or other failing of a second party. • The liability of both parties begins simultaneously. In other words, under a contract of suretyship, a surety becomes a party to the principal obligation. — Also termed (archaically) pledgery. [Cases: Principal
doctrine of curative admissibility
doctrine of curative admissibility. A rule allowing a party to introduce otherwise inadmissible evidence to remove the prejudice caused by the improper admission of evidence that was offered by the opposing party. • The doctrine applies when a motion to strike cannot cure the prejudice created by the adverse party. — Also termed curative-admissibility doctrine.
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legitim
legitim. Scots law. The right of any surviving lawful issue to share in the movable estate of the father. • The legitim comprised one-third of the estate if there was a surviving spouse, or one-half otherwise. — Also termed the bairn’s part. Cf. LEGITIME.
dead time
Time that does not count for a particular purpose, such as time not included in calculating an employee’s wages or time not credited toward a prisoner’s sentence. • The time during which a prisoner has escaped, for example, is not credited toward the prisoner’s sentence. — Also termed nonrun time.
antidissection rule
antidissection rule. Trademarks. A rule, applied in comparing potentially conflicting marks, that requires that the marks be compared as a whole or as they are viewed by consumers in the marketplace, not broken down into their component parts. • The antidissection rule does not preclude an analysis of the dominant and subordinate features of a
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anticipatory filing
anticipatory filing. The bringing of a lawsuit or regulatory action against another with the expectation that the other party is preparing an action of its own. • If properly brought, an anticipatory filing may determine procedural matters such as jurisdiction and venue. See FIRST-TO-FILE RULE; RACE TO THE COURTHOUSE.
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