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religious liberty

Freedom — as guaranteed by the First Amendment — to express, without external control other than one’s own conscience, any or no system of religious opinion and to engage in or refrain from any form of religious observance or public or private religious worship, as long as it is consistent with the peace and order […]

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Jepson claim

An improvement-patent claim characterized by a preamble setting forth the current state of the art, followed by the phrase “the improvement comprising” and a description of the claimed patentable improvement. • The name comes from Ex parte Jepson, 1917 C.D. 62, 243 O.G. 526 (Ass’t Comm’r Pat. 1917) in which this type of claim was

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new assignment

Hist. A plaintiff’s restatement of a claim because the first complaint did not contain sufficient details. • The purpose was to allow a plaintiff to reply to a defendant’s responsive plea that did not address the plaintiff’s specific claim because the complaint was too general. New assignment has been replaced by amended pleadings. — Also

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employ

employ, vb. 1. To make use of. 2. To hire. 3. To use as an agent or substitute in transacting business. 4. To commission and entrust with the performance of certain acts or functions or with the management of one’s affairs.

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harter act

Harter Act. Maritime law. An 1893 federal statute regulating a carrier’s liability for the loss or damage of ocean cargo shipped under bills of lading. 46 USCA app. §§ 190–196. • The Act was the primary model for the Carriage of Goods by Sea Act, which has largely superseded it in practice. See CARRIAGE OF

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lex baiuvariorum

lex Baiuvariorum (leks bay-[schwa]-vair-ee-or-[schwa]m). [Latin] Hist. The law of Bavaria, a barbarian nation in the Early Middle Ages, first collected (together with the law of the Franks and Alemanni) by Theodoric (ca. 454–526), and finally completed and promulgated by Dagobert (ca. 612–639). — Also termed lex Baioriorum; lex Boiorum.

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excess clause

excess clause. An insurance-policy provision — usu. contained in the “other insurance” section of the policy — that limits the insurer’s liability to the amount exceeding other available coverage. • This clause essentially requires other insurers to pay first. Cf. ESCAPE CLAUSE; PRO RATA CLAUSE. [Cases: Insurance 2111(2).]

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