Search Results for: TERM OF ART

chose

chose (shohz), n. [French] A thing, whether tangible or intangible; a personal article; a chattel. See THING. chose in action. 1. A proprietary right in personam, such as a debt owed by another person, a share in a joint-stock company, or a claim for damages in tort. [Cases: Property 5. 5. C.J.S. Property § 22; […]

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cross complaint

cross-complaint. 1. A claim asserted by a defendant against another party to the action. — Also termed (in some jurisdictions) cross-petition. [Cases: Federal Civil Procedure 786; Pleading 148, 149. C.J.S. Pleading §§ 203, 206.] 2. A claim asserted by a defendant against a person not a party to the action for a matter relating to

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separability

separability. Copyright. An element of various judicial tests used to determine whether a design in a functional article is a copyrightable work of applied art, or an uncopyrightable industrial design, the test being based on whether the beholder separates the work’s artistic appearance from its useful function. • Some courts use a strict physical separability

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chance medley

chance-medley. [fr. Anglo-Norman chance medlee “chance scuffle”] A spontaneous fight during which one participant kills another in self-defense. — Also termed chaud-medley; casual affray. Cf. MEDLEY. “But the self-defence, which we are now speaking of, is that whereby a man may protect himself from an assault, or the like, in the course of a sudden

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discovery abuse

discovery abuse. 1. The misuse of the discovery process, esp. by making overbroad requests for information that is unnecessary or beyond the scope of permissible disclosure or by conducting discovery for an improper purpose. [Cases: Federal Civil Procedure 1261, 1278; Pretrial Procedure 28. C.J.S. Discovery §§ 2, 6–7, 21.] “The term ‘discovery abuse’ has been

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interrogatory

interrogatory (in-t[schwa]-rog-[schwa]-tor-ee), n. A written question (usu. in a set of questions) submitted to an opposing party in a lawsuit as part of discovery. See Fed. R. Civ. P. 33. [Cases: Federal Civil Procedure 1471–1542; Pretrial Procedure 241–248. C.J.S. Discovery §§ 4, 8–11, 14–24, 32, 55–61; Pretrial Procedure § 57.] cross-interrogatory. An interrogatory from a

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work product

work product. Tangible material or its intangible equivalent — in unwritten or oral form — that was either prepared by or for a lawyer or prepared for litigation, either planned or in progress. • Work product is generally exempt from discovery or other compelled disclosure. The term is also used to describe the products of

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house

house. 1. A home, dwelling, or residence. ancient house. Hist. In England, a house that has stood long enough to acquire an easement of support against the adjoining land or building. bawdy house. See DISORDERLY HOUSE(2). disorderly house. See DISORDERLY HOUSE. dwelling house. See DWELLING HOUSE. house of correction. 1. A reformatory. 2. A place

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paraphernalia

paraphernalia (par-[schwa]-f[schwa]r-nay-lee-[schwa]). Hist. Property that a wife was allowed to keep, in addition to her dowry, on the death of her husband. “[I]n one particular instance the wife may acquire a property in some of her husband’s goods: which shall remain to her after his death and not go to the executors. These are called

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publication right

publication right. Copyright. The right of an author or artist to decide when to reveal or display a creative work. • Publication is one of the moral rights of artists recognized in civil-law countries and much of Europe, but largely unavailable in the United States. — Also termed right of disclosure. [Cases: Copyrights and Intellectual

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