zone. 1. An area that is different or is distinguished from surrounding areas ( zone of danger). 2. An area in a city or town that, through zoning regulations, is under particular restrictions as to building size, land use, and the like (the capitol is at the center of the height-restriction zone). [Cases: Zoning and […]
transaction-or-occurrence test. A test used to determine whether, under Fed. R. Civ. P. 13(a), a particular claim is a compulsory counterclaim. • Four different tests have been suggested: (1) Are the legal and factual issues raised by the claim and counterclaim largely the same? (2) Would res judicata bar a later suit on the counterclaim
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A species in danger of becoming extinct; esp., under federal law, a species that is in danger of extinction throughout all or a significant part of its range. • Federal law excludes from the definition a species of the class Insecta if the Environmental Protection Agency determines that it constitutes a pest whose protection would
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testamenti factio (tes-t[schwa]-men-tIfak-shee-oh). [Latin “right to make a testament”] Roman law. 1. Broadly, the capacity to take part in a will, as testator, heir, or witness. 2. The capacity to make a will, open to any citizen, male or female, sui juris, and over puberty. • This term is sometimes known as “active” testamenti factio
swearing behind. Patents. A patent applicant’s showing that an invention was conceived of or reduced to practice before the effective date of a prior-art reference cited by a patent examiner as grounds for rejecting an application. — Also termed swearing behind the reference. See ANTEDATING OF A PRIOR-ART REFERENCE . [Cases: Patents 91(.5). C.J.S. Patents
A divorce granted after (1) a legal separation has been granted or the parties have signed a separation agreement, and (2) the parties have lived separately for a statutorily prescribed period. — Also termed convertible divorce; conditional divorce.
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A written agreement between the parties to an action by which they settle the action in court, with the court’s permission. — Also termed finalis concordia; final peace.
guilt phase. The part of a criminal trial during which the fact-finder determines whether the defendant committed a crime. Cf. PENALTY PHASE.
chancery (chan-s[schwa]r-ee). 1. A court of equity; collectively, the courts of equity. • The term is derived from the court of the Lord Chancellor, the original English court of equity. — Also termed court of chancery; chancery court. “Chancery’s jurisdiction was complementary to that of the courts of common law — it sought to do