Patents in the United States This part of the Encyclopedia of Law provides an overview of the basic attributes of patents, along with the patentability requirements, practice in the USPTO, primarily the steps involved in obtaining a patent, some post-issuance considerations such as the patent […]
Trademarks in the United States What is a trademark? The term "trademark" is often used to refer to any of the four types of marks that can be registered with the USPTO. The two primary types of marks that can be registered with the USPTO are: […]
Infringement of Patents in United States Infringement of Patents Infringement of a patent consists of the unauthorized making, using, offering for sale, or selling any patented invention within the United States or U.S. Territories, or importing into the United States of any patented […]
Attorney in the United States Also about Attorney: DISTRICT ATTORNEY Occupations Conducts prosecution in court proceedings in behalf of city, county, state, or federal government: Gathers and analyzes evidence in case and reviews pertinent decisions, policies, regulations, and other legal […]
Burden in United States Burden Burden of production / burden of going forward with the evidence | Behauptungslast/Darlegungslast/ Beweisführungslast | charge de la preuve | onere della produzione della prova: The duty of a party to present sufficient evidence to warrant a favorable […]
Products Liability in United States That field of law which addresses defective products. A defective product gives rise to a presumption of negligence and the plaintiff may have a cause of action against the producer as well as against the seller and possibly even against intermediaries in […]
Advocacy in United States "Advocacy is the art of persuasion" Advocacy may be a promotion of a cause or point of view. It is also a general term related to a legal professional (advocate) who represents a client's interests in the courtroom; this term has no particular standing in […]
Patent Rights in United States Nature of Patent and Patent Rights The patent is issued in the name of the United States under the seal of the United States Patent and Trademark Office, and is either signed by the Director of the USPTO or is electronically written thereon and attested by an […]
Compensatory Damages in the United States Compensation seeks to remedy not merely the injured economic value but also the pain and suffering to the defendant. The former is known as pecuniary losses (Vermögenscschäden) and the latter as non-material damages (Immaterieller Einbussen) […]
See Transnational crime. The first precise attempt to codify piracy was in 1958 when the Convention on the High Seas was adopted in order to clarify the legal status of pirates and the competence to arrest pirates. These articles in the Convention on the High Seas have been incorporated into […]
Academic Legal topics in the United States Law in general Comparative and uniform law Jurisprudence Legal Periodicals Bibliography Legal Monographic series Encyclopedias of Law Dictionaries of Law Words and phrases Legal Maxims Legal Quotations Legal […]
Law Reviews in the United States Scholarly publications sponsored by law schools. Law reviews serve as outlets for legal articles by teachers, practitioners, and judges. Editorial work and some writing are done by the best students from the sponsoring school. See citation (in U.S. law) (to […]
Verdicts in the United States Verdict, as defined by Black's Law Dictionary, is "a jury's finding or decisions on the factual issue of a case. Loosely, in a nonjury trial, a judge and resolution of the issue of a case." (8th edition) As trial decisions are not officially […]
Medical Malpractice in United States A tort committed by a physician against their patient. Unless a patient consents to being treated by their physician the physicians act would constitute battery. Naturally patient’s consent, but such consent must be informed (see informed consent). Even […]
Governmental Liability in United States Governmental Liability The liability of the government in tort was limited at common law by government immunit (also known as soveriegn immunity) (q.v.). This has changed with the introduction of tort-claim statutes, both by federal and state […]
Remedies in United States It is a maxim of law that for every wrong there is a remedy. Remedies are those legal aids that may be invoked by plaintiffs to cure the injuries done to them by defendants. There are a variety of remedies: monetary damages, injunctions, specific performance, and […]
Treaties in the United States Legal Materials If the U.S. is a party to a treaty, you should be able to get the treaty without too much hassle. (For a discussion of treaties that the U.S. has not signed, see "Foreign Treaties" in this legal Encyclopedia) This section is divided […]
Public Disclosure of Private Facts in United States Public Disclosure of Private Facts Public disclosure of private facts, even where such facts are true, can be punished as a tort. Melvin v. Reid, 112 Cal.App. 285, 297 P. 91; Public Disclosure of Private Facts (Civil Actions) This section […]
Federal Law in United States Federal Law The United States, like many other former British colonies, is a federal system predicated upon the dual sovereignty of the states/provinces on the one hand, and on the national soveriegn at another. Germany is also a federal system, however the […]
Hornbooks in the United States Hornbooks are usually single volume legal books that are written by law professors for law students. Hornbooks summarize and explain a particular area of the law, discuss major cases, and present "black letter law." Hornbooks examples […]
Other provisions of the United Nations Charter in the United States See: ÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂâÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂàCharter of the United Nations ÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂâÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂàUN: Purposes, principles and membership ÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂâÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂàUnited Nations organs ÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂâÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂàUN Pacific settlement of disputes ÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂâÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂàUN: International cooperation and the ESC ÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂâÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂÃÂàUN International Trusteeship […]
Monetary Damages in United States Monetary Damages Monetary damages are the ordinarily presumed remedy in the common law. They seek to compensate the injury of the plaintiff via a determination of the cash equivalent of the loss to the defendant, the interest thereon, and the pain and […]
Attorney General in the United States The cabinet member who heads the Department of Justice. The Attorney General of the United States (Judicial Personnel issue) is the chief law officer at the federal level. The attorney general acts as the principal legal counsel to the president and is […]
Hospital Liability in United States Hospital Liability Hospitals may be immune from torts either as charities, when run by the private sector, under the principle of charitable immunity or, when run by the state, under a theory of governmental immunity. This immunity however would not […]
International regulations for preventing collisions at sea in the United States Date:à17.6.1960 Place of Signature:àLondon Current Depositary:àIMO United KingdomâÂÂs Position:àParty Application to UK:àBy Acceptance: 28.8.1963 Text:àTS 23/1966; Cmnd.2956 Territorial Provision: Applies to all […]
Treaty of Westphalia: General Part in United States Treaty of Westphalia (24 Oct 1648). Convention (II) for the Pacific Settlement of International Disputes (18 Oct 1907) Convention for the Unification of Certain Rules of law Relating to Assistance and Salvage at Sea (23 Sept 1910)and 1967 […]
Commercial law in United States Commercial law See: Commercial and Estate Practice International Commercial Arbitration Commercial Arbitration (Domestic) Commercial Equity Commercial law This subject in the Encyclopedia examines the practice areas of commercial law and practice, […]
Defective Product in United States Defective Product Where a product is defective the products manufacturer can be implicated in tort on a theory of strict liability. A product is in a defective condition, i.e. is unreasonably dangerous to the user, when it has a propensity or tendency […]
Convention on the Recognition and Enforcement of Foreign Arbitral Awards in the United States Signed at: New York, 10 June 1958 to 31 December 1958 Entry into Force Date: 7 June 1959 Published in UK Treaty Series No. 20 (1976) Cmnd 6419 Depositary: Secretary-General of the United Nations […]
Online Legal Research in the United States Internet legal research can be divided into two main parts: Searches for legal sources. Searches for legal sources include locating legislative, judicial, and administrative primary sources and locating secondary sources such as journal […]
Worker Protection in the United States Introduction The Equal Employment Opportunity Commission and the Occupational Safety and Health Administration are among the groups responsible for protecting employees at the federal level. Companies also must comply with minimum wage standards and […]
Common Law in the United States Common Law Definition That system of law or form of the science of jurisprudence which has prevailed in England and in the United States of America, in contradistinction to other great systems, such as the Roman or civil law. As distinguished from statute […]
Unconscionability in the United States • Anterior vs. posterior evaluation of fairness. Tuckwiller court looked 2-302. Unconscionable contract or Clause. (1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it […]
Cancer in the United States US Cancer At-a-Glance Resources As new research on cancer prevention and control progresses, there is much good news to celebrate in the war against cancer. More information on cancer prevention is available, more cancers are detected early, and more treatment […]
Mass Torts in United States Mass torts A mass tort is a collective tort, that is an injury to a group of persons. Factually speaking there appear to be two instances of mass torts: one source of injury at one point in time, such as an airline accident, or several victims with several […]
Promissory Estoppel in the United States Difference between First Restatement 90 and Second Restatement 90: deleted requirement that reliance be of definite and substantial character. Requirement was initially included to allow promissory estoppel into First Restatement (despite no case law […]
American Digest System in the United States The American Digest System divides the law into major topic categories which are further divided into more specific subcategories – each subcategory is assigned a number. The number assigned to the subcategory is called a KeyNumber. When a case is […]
United States Supreme Court Resources The United States Supreme Court The Supreme Court must exercise discretion in deciding which cases to hear, since more than 10,000 civil and criminal cases are filed in the Supreme Court each year from various State and Federal courts. Ultimately, […]
About HeinOnline in the United States HeinOnline is an international database that provides searchable full text access to numerous legal sources. The database contains full text e-books, US and core international journals, treaties, statutes and cases all in PDF format, which is useful for […]
Legal Research in the United States Introduction The 2014 American Bar Association Technology Report indicates that attorneys spend approximately one-fifth of their billable hours engaged in legal research (Joshua Poje, Legal Research, ABA Techreport 2014). The MacCrate Report lists the […]
Statute of Frauds in the United States Statute Of Frauds Definition The name commonly given to St. 29 Car. II. c. 3, entitled, An Act for the Prevention of Frauds and Perjuries; and to statutes of the various states patterned thereon, and substantially to the same effect. These statutes […]
Joint and Several Liability in United States Joint and Several Liability Where two plaintiffs contribute to the defendants injury and where either plaintiffs conduct would have led to the injury they are both liable as as joint-tortfeasors. The plaintiff can recover against either of them […]
Court Reporter in the United States Person responsible for recording court proceedings. Court reporters typically use special stenotype machines to make a verbatim record of all proceedings. Taped recordings are used in some jurisdictions instead of court reporters. Transcripts from stenotype […]
Intentional torts in United States Introduction For every intentional tort there is a corresponding crime. Thus the tort of assault / the crime of assault, the tort of battery / the crime of battery etc. The intentional torts are those torts committed not through negligence or under a […]
Constitutional Tort in United States Constitutional Tort See Bivens claim Constitutional Tort Background
Law Dictionaries in the United States A Dictionary of Law Enforcement Oxford Dictionary of Law Hein Online, Dictionary of Jurisprudence Legal Latin Australian Law Dictionary (Oxford Reference Online) LexisNexis AU •Australian Legal Words and Phrases •Butterworths Encyclopaedic […]
Legal Encyclopedias in the United States Legal encyclopedias provide (generally) a brief, integrated statement of the law. They pull together an enormous body of legal literature, definitions, rules, and practice points derived mainly from case law. Indexes and cross-references are provided. […]
Causation in United States Causation The notion that one event leads to another. Law distinguishes between remote causes which while necessary were not sufficient and material causes i.e. necessary and sufficient causes. Those causes but for which the accident would not have occurred are […]
Parol Evidence Rule in the United States UCC Parol Evidence Rule: ◦ Is contract ‘final’ writing? ◦ If so, it can’t be contradicted, but it can be supplemented. (thus, in Gianni, evidence as to the promise of the exclusive right to sell beverages would be admissible). ◦ Under Materson v. […]
Mental Health in the United States Mental Health Professionals To be considered a mental health professional, a person generally must have an M.D., Ph.D. or M.S.W. Some experts have an M.S., P.D. which means they have a Master’s degree plus 30 credits — but have not earned a Ph.D. These […]