freedom of speech. The right to express one’s thoughts and opinions without governmental restriction, as guaranteed by the First Amendment. — Also termed liberty of speech. Cf. FREEDOM OF EXPRESSION. [Cases: Constitutional Law 90. C.J.S. Constitutional Law §§ 539, 542.]
In a common-recovery suit, a voucher first by the fictitious tenant to the real tenant, and then by the real tenant to the common vouchee. See COMMON RECOVERY.
conventionalism. A jurisprudential conception of legal practice and tradition holding that law is a matter of respecting and enforcing legal and social rules. “Conventionalism makes two postinterpretive, directive claims. The first is positive: that judges must respect the established legal conventions of their community except in rare circumstances. It insists, in other words, that they
mandamus (man-day-m[schwa]s), n. [Latin “we command”] A writ issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. — Also termed writ of mandamus; mandate; (in BrE) order. [Cases: Mandamus 1. C.J.S. Mandamus §§ 2–6.] Pl. mandamuses. — mandamus, vb. alternative mandamus. A
An invention that an inventor has either deliberately stopped trying to exploit, or else acted in a way that precludes claiming the invention in a later patent. • Under § 102(c) of the Patent Act, abandonment bars a patent on that invention. But abandonment of an imperfect form of an invention does not bar a
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Mansfield rule. The doctrine that a juror’s testimony or affidavit about juror misconduct may not be used to challenge the verdict. • The Mansfield rule is intended to ensure that jurors are heard through their verdict, not through their postverdict testimony. In practice, the rule lessens the possibility that losing parties will seek to penetrate
senior user. Trademarks. The first person to use a mark. • That person is usu. found to be the mark’s owner. — Also termed first user. Cf. JUNIOR USER. [Cases: Trade Regulation 66. 1. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 29–30.]
imprimis (im-prI-mis), adv. [fr. Latin in primis “in the first”] In the first place. — Also termed in primis.
Incorporation of certain provisions of the Bill of Rights. • Justice Benjamin Cardozo, who served from 1932 to 1938, first advocated this approach. [Cases: Constitutional Law 254.2. C.J.S. Constitutional Law § 951.]
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