born valid. Patents. Presumed to be good; entitled to the legal presumption that a patent was justified when issued and that challengers bear the burden of proving by clear and convincing evidence that the patent should not have been granted. • Defenses against infringement claims take one of three tacks: denying that the product infringes […]
causation (kaw-zay-sh[schwa]n). 1. The causing or producing of an effect (the plaintiff must prove causa-tion). 2. CAUSALITY. “Here is the key to the juridical treatment of the problems of causation. We pick out the cause which in our judgment ought to be treated as the dominant one with reference, not merely to the event itself,
Impossibility due to the fact that the illegal act cannot physically be accomplished, such as trying to pick an empty pocket. • Factual impossibility is not a defense to the crime of attempt. — Also termed physical impossibility; impossibility of fact.
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lawyer n. 律师；法律工作者；法律家 对从事法律职业者或拥有法学知识者的总称。这一职业称为Practice of Law，其含义并无一致界定，但通常包括代表他人出庭以及在法庭上或法庭外为他人提供法律指导。在英国则将律师分为出庭律师〔barrister; advocate〕和事务律师〔solicitor〕，而在美国对律师则不作分类，但实际上仍广泛存在各种异于lawyer一词的称谓。美国律师称谓〔What are lawyers referred to in the United States〕１常用同义词〔general synonyms〕 attorney(attorney at law的简称，最为常用，复数为attorneys)；counsel(既可作单数用，也可作复数用，复数形式偶用counsels)；counselor(counselor at law的简称，应用于某些司法管辖区)；member of the bar２政府律师〔government lawyers〕 Attorney General(总检察长，同为司法部长，复数为attorneys general); Solicitor General(副总检察长)；district attorney(地区检察官，指县〔county〕或类似县的地方的检察官，也称作county attomey; county prosecutor; prosecuting attorney; public prosecutor; state’s attorney.在联邦司法区也称United States attorney); county counsel(县律师，有时称solicitor，是县或类似县的地方处理民事案件的律师)；city attorney(市律师，是市处理民事和刑事案件的律师)；legislative counsel(立法顾问)；public defender(联邦、州及地方的公设辩护人)；trial judge advocate(军事检察官，在军事法院〔court martial〕履行控诉职能的官员，通常但不必定是律师)；United States attorney(美国检察官)３私人律师〔private lawyers〕 general counsel(首席法律顾问，指某一企业的首席律师或全体律师)；house
incompetency, n. Lack of legal ability in some respect, esp. to stand trial or to testify (once the defense lawyer established her client’s incompetency, the client did not have to stand trial). — Also termed incompetence; mental incompetence. Cf. INCAPACITY. [Cases: Homicide 816; Witnesses 35. C.J.S. Witnesses §§ 87–88, 90, 92.] — incompetent, adj.
accord, n. 1. An amicable arrangement between parties, esp. between peoples or nations; COMPACT; TREATY. 2. An offer to give or to accept a stipulated performance in the future to satisfy an obligor’s existing duty, together with an acceptance of that offer. • The performance becomes what is known as a satisfaction. — Also termed
Larceny in which the perpetrator obtains property by threatening to (1) inflict bodily harm on anyone or commit any other criminal offense, (2) accuse anyone of a criminal offense, (3) expose any secret tending to subject any person to hatred, contempt, or ridicule, or impair one’s credit or business reputation, (4) take or withhold action
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irresistible-impulse test. Criminal law. A test for insanity, holding that a person is not criminally responsible for an act if mental disease prevented that person from controlling potentially criminal conduct. • The few jurisdictions that have adopted this test have combined it with the McNaghten rules. — Also termed control test; volitional test. See INSANITY
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