constituent element
constituent element. An essential component of a crime or cause of action.
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inference
inference (in-f[schwa]r-[schwa]nts), n. 1. A conclusion reached by considering other facts and deducing a logical consequence from them. [Cases: Evidence 54, 595. C.J.S. Evidence §§ 130, 132–133, 1300, 1341.] adverse inference. A detrimental conclusion drawn by the fact-finder from a party’s failure to produce evidence that is within the party’s control. • Some courts allow
evidencing feature
evidencing feature. Evidence. A group of circumstances that, when taken as a whole, form a composite feature that can be reliably associated with a single object. • This term appears more frequently in criminal cases than in civil. In criminal cases, it usu. refers to evidence that establishes a perpetrator’s identity, but in civil cases
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functional feature
functional feature. Trademarks. A design element that is either physically necessary to construct an article or commercially necessary to manufacture and sell it; a product’s attribute that is essential to its use, necessary for its proper and successful operation, and utilitarian rather than ornamental in every detail. • A functional feature is not eligible for
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utility
utility. 1. The quality of serving some function that benefits society; meritoriousness. 2. Patents. Capacity to perform a function or attain a result claimed for protection as intellectual property. • In patent law, utility is one of the three basic requirements of patentability, the others being nonobviousness and novelty. In the calculation of damages for
obiter dictum
obiter dictum (ob-i-t[schwa]r dik-t[schwa]m). [Latin “something said in passing”] A judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive). — Often shortened to dictum or, less commonly, obiter. Pl. obiter dicta. See DICTUM. Cf. HOLDING(1);
addiction
addiction. 1. The habitual and intemperate use of a substance, esp. a potentially harmful one such as a narcotic drug. • The usual requisites are (1) an emotional dependence that leads to compulsiveness; (2) an enhanced tolerance of the substance, leading to more potent doses; and (3) physical dependence such that withdrawal symptoms result from
testamentary disposition
A disposition to take effect upon the death of the person making it, who retains substantially entire control of the property until death.
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stop loss insurance
Insurance that protects a self-insured employer from catastrophic losses or unusually large health costs of covered employees. • Stop-loss insurance essentially provides excess coverage for a self-insured employer. The employer and the insurance carrier agree to the amount the employer will cover, and the stop-loss insurance will cover claims exceeding that amount. [Cases: Insurance 2523,
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aggregation of claims
aggregation of claims. Patents. In a patent application, an excessive number of claims that do not differ significantly in scope and are essentially duplicative. • Although a patent applicant may claim an invention and its various features in a reasonable number of ways, each claim must differ materially from the others. — Also termed multiplicity
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