Patents

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 […]

Products Liability

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

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 […]

Compensatory Damages

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) […]

Law Reviews

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 […]

Medical Malpractice

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 […]

Remedies

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

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 […]

Hornbooks

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

Other provisions of the United Nations Charter in the United States See: ■ Charter of the United Nations ■ UN: Purposes, principles and membership ■ United Nations organs ■ UN Pacific settlement of disputes ■ UN: International cooperation and the ESC ■ UN International Trusteeship […]

Attorney General

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

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

International regulations for preventing collisions at sea in the United States Date: 17.6.1960 Place of Signature: London Current Depositary: IMO United Kingdom’s Position: Party Application to UK: By Acceptance: 28.8.1963 Text: TS 23/1966; Cmnd.2956 Territorial Provision: Applies to all […]

Treaty of Westphalia: General Part

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 […]

Convention on the Recognition and Enforcement of Foreign Arbitral Awards

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 […]

Worker Protection

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

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 […]

Supreme Court Resources

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, […]

Court Reporter

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 […]

Law Dictionaries

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

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. […]

Parol Evidence Rule

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

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 […]