appropriation, n. 1. The exercise of control over property; a taking of possession. Cf. EXPROPRIATION; MI-SAPPROPRIATION. 2. A legislative body’s act of setting aside a sum of money for a public purpose. • If the sum is earmarked for a precise or limited purpose, it is sometimes called a specific appropriation. [Cases: States 129. C.J.S. […]
blame, n. 1. An act of attributing fault; an expression of disapproval (the judge said all of the plaintiff’s attorneys were to blame). 2. Responsibility for something wrong (blame rested with all the defendants). — blame, vb. — blameworthy, blamable, adj.
A seriously deficient contractual performance that causes a contract’s basis or inducement to cease to exist or to become worthless. • Scholars disapprove of this term as misleading, since failure of performance is more accurate. Unlike consideration, the phrase failure of consideration relates not to the formation of a contract but to its performance. See
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Patents. A semiretired administrative patent judge who remains active in hearing interferences in the U.S. Patent and Trademark Office. — Abbr. SAPJ.
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contrectatio (kon-trek-tay-shee-oh), n. [fr. Latin contrectare “to touch or handle”] Hist. The act of laying hands on another’s property with the intent of taking, misappropriating, or misusing it. • This term implied a greater cul-pability than simply taking property without the owner’s permission and, under Roman law, was an element of theft (furtum). Pl. contrectationes
bursting-bubble theory. Evidence. The principle that a presumption disappears once the presumed facts have been contradicted by credible evidence. [Cases: Evidence 85, 89. C.J.S. Evidence §§ 131, 135, 152–156, 160.]
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A royalty that a licensee would be willing to pay the holder of the thing’s intellectual-property rights while still making a reasonable profit from its use. • The reasonable-royalty standard often serves as the measure of damages in a claim of patent, copyright, or trademark infringement, or for misappropriation of trade secrets. In deciding what
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inevitable-disclosure doctrine. Trade secrets. The legal theory that a key employee, once hired by a competitor, cannot avoid misappropriating the former employer’s trade secrets. • To justify an injunction, the plaintiff must prove that the former employee has confidential information and will not be able to avoid using that knowledge to unfairly compete against the
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defaulter. 1. A person who is in default. 2. A person who misappropriates or fails to account for money held in the person’s official or fiduciary capacity. — Also termed defaultant.
protest, n. 1. A formal statement or action expressing dissent or disapproval. • Under some circumstances, a protest is lodged to preserve a claim or right. 2. A notary public’s written statement that, upon presentment, a negotiable instrument was neither paid nor accepted. — Also termed initial protest; noting protest. Cf. NOTICE OF DISHONOR. [Cases: