Bayh–Dole Act. Patents. A federal statute that permits the U.S. Government to take title to or require licensing of nongovernmental inventions made by small businesses and nonprofit organizations while participating in federally funded programs. • Under the Act, an entity funded by the federal government must timely disclose any invention made in the course of […]
good faith, n. A state of mind consisting in (1) honesty in belief or purpose, (2) faithfulness to one’s duty or ob-ligation, (3) observance of reasonable commercial standards of fair dealing in a given trade or business, or (4) absence of intent to defraud or to seek unconscionable advantage. — Also termed bona fides. Cf.
Stranding as a result of natural forces, such as wind and waves. See general average, particular average under AVERAGE. — Also termed involuntary stranding.
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A promise that either is unqualified or requires nothing but the lapse of time to make the promise presently enforceable. • A party who makes an unconditional promise must perform that promise even though the other party has not performed according to the bargain. — Also termed independent promise. [Cases: Contracts 218. C.J.S. Contracts §§
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visitatorial (viz-[schwa]-t[schwa]-tor-ee-[schwa]l), adj. Of or relating to on-site inspection or supervision. — Also termed visitorial. “To eleemosynary corporations, a visitatorial power is attached as a necessary incident…. [P]rivate and particular corporations, founded and endowed by individuals for charitable purposes, are subject to the private government of those who are the efficient patrons and founder. If
Justice between parties to a dispute, regardless of any larger principles that might be involved. — Also termed justice in personam.
The evidentiary rule providing that, to prove the contents of a writing (or a recording or photograph), a party must produce the original writing (or a mechanical, electronic, or other familiar duplicate, such as a photocopy) unless it is unavailable, in which case secondary evidence — the testimony of the drafter or a person who
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funding, n. 1. The process of financing capital expenditures by issuing long-term debt obligations or by converting short-term obligations into long-term obligations to finance current expenses; the process of creating a funded debt. 2. The refinancing of a debt before its maturity. — Also termed refunding. 3. The provision or allocation of money for a
sovereign state. 1. A state that possesses an independent existence, being complete in itself, without being merely part of a larger whole to whose government it is subject. 2. A political community whose members are bound together by the tie of common subjection to some central authority, whose commands those members must obey. — Also
repleader (ree-plee-d[schwa]r).Common-law pleading. A court order or judgment — issued on the motion of a party who suffered an adverse verdict — requiring the parties to file new pleadings because of some defect in the original pleadings. — Also termed judgment of repleader. [Cases: Pleading 286. C.J.S. Pleading § 477.]