malicious prosecution. 1. The institution of a criminal or civil proceeding for an improper purpose and without probable cause. • The tort requires an adversary to prove four elements: (1) the initiation or continuation of a lawsuit; (2) lack of probable cause; (3) malice; and (4) favorable termination of the lawsuit. Restatement (Second) of Torts […]
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misjoinder (mis-joyn-d[schwa]r). 1. The improper union of parties in a civil case. See JOINDER. Cf. DISJOINDER; NONJOINDER. [Cases: Federal Civil Procedure 387; Parties 85, 89. C.J.S. Parties §§ 212, 217.] 2. The improper union of offenses in a criminal case. [Cases: Indictment and Information 126. C.J.S. Indictments and Informations § 159.] MISKENNING miskenning (mis-ken-ing). [fr.
Business Methods Patent Initiative. A U.S. Patent and Trademark Office program that added a second level to business-method-patent reviews for the purpose of reducing the number of business-method patents issued. • The PTO created the initiative in response to complaints that examiners improperly approved many business-method patents. After an examiner approves the application and before
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garnishment, n. 1. A judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or is bailee for the debtor to turn over to the creditor any of the debtor’s property (such as wages or bank accounts) held by that third party. • A