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ratio decidendi

ratio decidendi (ray-shee-oh des-[schwa]-den-dI), n. [Latin “the reason for deciding”] 1. The principle or rule of law on which a court’s decision is founded (many poorly written judicial opinions do not contain a clearly ascertainable ratio decidendi). 2. The rule of law on which a later court thinks that a previous court founded its decision; […]

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severability clause

severability clause. A provision that keeps the remaining provisions of a contract or statute in force if any portion of that contract or statute is judicially declared void or unconstitutional. — Also termed saving clause; separability clause. See severable contract under CONTRACT; severable statute under STATUTE. [Cases: Contracts 137; Statutes 64. C.J.S. Contracts § 297;

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process claim

A patent claim that describes by steps what is done to the subject matter, usu. a substance, in order to achieve a useful result. • A process claim is the same thing as a method claim, but “process” is used more often in applications for chemical patents. [Cases: Patents 101(11).]

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posting

posting. 1. Accounting. The act of transferring an original entry to a ledger. 2. The act of mailing a letter. 3. A method of substituted service of process by displaying the process in a prominent place (such as the courthouse door) when other forms of service have failed. See SERVICE(1). [Cases: Process 81. C.J.S. Process

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conductor

conductor (k[schwa]n-d[schwa]k-t[schwa]r or -tor), n. [Latin “one who hires”] Roman law. 1. A lessee or a person who hires the services of another; a hirer. 2. A person hired to make a specific work; a contractor. • A contractor, esp. for the provision of public services, was also called manceps or redemptor. See MANCEPS; LOCATOR(1).

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coparcener

coparcener (koh-pahr-s[schwa]-n[schwa]r). A person to whom an estate descends jointly, and who holds it as an entire estate; a person who has become a concurrent owner as a result of descent. — Also termed parcener; (archaically) coparticeps. “Coparceners constitute a single heir, and they occupy a position intermediate between joint tenants and tenants in common.

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art and part

art and part 〈苏格兰〉同案犯 刑法中对于主犯和从犯的刑事责任未作区分,所有的参与者无论其参与程度如何,都视为同样的犯罪。以前的刑事指控对主犯与从犯不作区分,笼统地称之为同案犯〔art and part〕,但现在刑事指控对主犯或从犯〔actor or art and part〕加以区分,实际上这一短语已演变为「参与」之意,即「教唆及参与犯」〔artifex et particeps〕。

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