Copyright. 1. The quality or state of being the product of independent creation and having a minimum degree of creativity. • Originality is a requirement for copyright protection. But this is a lesser standard than that of novelty in patent law: to be original, a work does not have to be novel or unique. Cf. […]
An integrated agreement adopted by the parties as a full and exclusive statement of the terms of the agreement. • The parties are therefore prohibited from varying or supplementing the contractual terms through parol (extrinsic) evidence. [Cases: Evidence 397(2). C.J.S. Evidence §§ 1159–1160, 1278–1280.]
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mortgagee (mor-g[schwa]-jee). One to whom property is mortgaged; the mortgage creditor, or lender. — Also termed mortgage-holder. [Cases: Mortgages 23. C.J.S. Mortgages §§ 73–75, 77.] mortgagee in possession. A mortgagee who takes control of mortgaged land by agreement with the mortgagor, usu. upon default of the loan secured by the mortgage. [Cases: Mortgages 187. C.J.S.
receiptor (ri-see-t[schwa]r). A person who receives from a sheriff another’s property seized in garnishment and agrees to return the property upon demand or execution. [Cases: Execution 150. C.J.S. Executions §§ 130–131.]
A covenant by which the grantor agrees to defend the grantee against any lawful or rea-sonable claims of superior title by a third party and to indemnify the grantee for any loss sustained by the claim. • This covenant is sometimes treated as being synonymous with covenant for quiet enjoyment. The covenant is not breached
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pactio (pak-shee-oh). [Latin] Civil law. 1. The negotiating process that results in a pactum. 2. The pactum arrived at; an agreement. Pl. pactiones.
adhere, vb. 1. (Of one house in a bicameral legislature) to reject the other house’s insistence on a difference in legislation that has passed both houses, without requesting a conference. Cf. INSIST ON. “When both houses have insisted [on differing views about an amendment] without a request for conference, it is also in order to
loan-to-value ratio. The ratio, usu. expressed as a percentage, between the amount of a mortgage loan and the value of the property pledged as security for the mortgage. • For example, an $80,000 loan on property worth $100,000 results in a loan-to-value ratio of 80% — which is usu. the highest ratio that lenders will
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Homicide in which there is no intention to kill or do grievous bodily harm, but that is committed with criminal negligence or during the commission of a crime not included within the felony-murder rule. — Also termed negligent manslaughter; second-degree manslaughter; manslaughter in the second degree. Cf. ACCIDENTAL KILLING. [Cases: Homicide 659.]
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