Provisions of Oxford. Hist. During the reign of Henry III, a constitution created by the Mad Parliament and forming the King’s advisory council that met with a group of barons several times a year to handle the country’s affairs and resolve grievances, esp. those resulting from the King’s avoidance of his obligations under Magna Carta. […]
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bad-man theory. The jurisprudential doctrine or belief that a bad person’s view of the law represents the best test of what the law actually is because that person will carefully calculate precisely what the rules allow and operate up to the rules’ limits. • This theory was first espoused by Oliver Wendell Holmes in his
statement of facts. A party’s written presentation of the facts leading up to or surrounding a legal dispute, usu. recited toward the beginning of a brief. “The statement of facts is another of those critical parts of the brief …. Two principles are at war in drafting the statement of facts. First, judges want and
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A national representative in one of four categories: (1) ambassadors, (2) envoys and ministers plenipotentiary, (3) ministers resident accredited to the sovereign, or (4) chargés d’affaires accredited to the mi-nister of foreign affairs. [Cases: Ambassadors and Consuls 1–8. C.J.S. Ambassadors and Consuls §§ 2–32.]
A contract to perform a service; esp., a written agreement to provide maintenance or repairs on a consumer product for a specified term. [Cases: Contracts 190; Sales 3.1. C.J.S. Contracts § 341; Sales §§ 3–4.]
An IRS audit conducted at the taxpayer’s business premises or lawyer’s offices. [Cases: Internal Revenue 4443. C.J.S. Internal Revenue §§ 616, 618.]
Trademarks. Priority in designing or creating a trademark. • Priority of adoption does not in itself confer the right to exclusive use of a mark if someone else was first to use it in commerce. — Also termed priority of appropriation; priority of invention. Cf. priority of use.
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medium impedimentum (mee-dee-[schwa]m im-ped-[schwa]-men-t[schwa]m). [Law Latin “a mid-impediment”] Hist. An intervening circumstance that prevents a second event from occurring as a result of the first one.
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A later-filed application in a chain of continuing applications filed during the pendency of an earlier application and sharing common subject matter. • The first-filed application is called the parent application. Cf. parent application. [Cases: Patents 110. C.J.S. Patents § 156.]
hard dollars. 1. Cash proceeds given to a seller. 2. The part of an equity investment that is not deductible in the first year. Cf. SOFT DOLLARS.