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Laches (equity)
In common-law legal systems, laches ( , ; Law French: , , from ) is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity (law), equity. It is an unreasonable delay that can be viewed as prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. It is often understood in comparison to a statute of limitations, a statutory defense, which traditionally is a defense to a claim "at law". The person invoking laches is asserting that an opposing party has "slept on its rights", and that, as a result of this delay, circumstances have changed (witnesses or evidence may have been lost or no longer available, etc.), such that it is no longer a just resolution to grant the plaintiff's claim. Laches is associated with the maxim of equity: "Equity aids the vigilant"not those who sleep on their rights. Put another way, f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common-law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a " case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries following ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rick Perry
James Richard Perry (born March 4, 1950) is an American politician who served as the 14th United States secretary of energy from 2017 to 2019 in the first administration of Donald Trump. He previously served as the 47th governor of Texas from 2000 to 2015 and ran unsuccessfully for the Republican nomination for president of the United States in the 2012 and 2016 elections. Born into a family of cotton farmers in Haskell, Texas, Perry graduated from Texas A&M University in 1972 and entered into the United States Air Force, serving a five-year stint and achieving the rank of captain. After leaving the Air Force in 1977, Perry returned to Texas and entered politics, serving as a member of the Texas House of Representatives from 1985 to 1991. Initially a Democrat, Perry switched parties in 1989 and became a Republican, and was elected Agriculture Commissioner of Texas the following year. In 1998, Perry was elected lieutenant governor of Texas, becoming the state's first Re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. In many jurisdictions with statutes of limitation there is no time limit for dealing with particularly serious crimes. In civil law systems, such provisions are typically part of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Submarine Patent
A submarine patent is a patent whose issuance and publication are intentionally delayed by the applicant for an artificially long pendency, which can be several years, or a decade.U.S. Committee on the Judiciary, Calendar No. 563, 110th Congress Report, 2d Session, U.S Senate, 110–259, The Patent Reform Act of 2007, January 24, 2008 footnote 112.Gabriel P. Katona Pandab online newsletter (August 10, 1998, consulted on March 28, 2010) Gene Quinn [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Tolling
Tolling is a legal doctrine that allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations, such that a lawsuit may potentially be filed even after the statute of limitations has run. Although grounds for tolling the statute of limitations vary by jurisdiction, common grounds include: * The plaintiff was a minor at the time a cause of action accrued. * The plaintiff has been deemed mentally incompetent. * The plaintiff has been convicted of a felony and is imprisoned. * The defendant has filed a bankruptcy case triggering a stay of other lawsuits. * The defendant is not physically within a certain jurisdiction (for example, a state or country). * The parties were engaged in good-faith negotiations to resolve a dispute without litigation when the statute of limitations expired. Tolling may occur under a statute that specifically provides for the tolling of the statute of limitations during specified circumstances. It may also tak ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estoppel By Acquiescence
In law, acquiescence occurs when a person knowingly stands by, without raising any objection to, the infringement of their rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights. As a result of acquiescence, the person whose rights are infringed may lose the ability to make a legal claim against the infringer, or may be unable to obtain an injunction against continued infringement. The doctrine infers a form of " permission" that results from silence or passiveness over an extended period of time. Overview Although not typically found in statutory law, the doctrine of acquiescence is well-supported by case law. One common context in which acquiescence is raised is when there is a dispute or disagreement over the location of a property line, followed by an extended period of time during which the parties respect a property line. Even if it is later discovered that the actual property line was in a different location, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adverse Possession
Adverse possession in common law, and the related civil law (legal system), civil law concept of usucaption (also ''acquisitive prescription'' or ''prescriptive acquisition''), are legal mechanisms under which a person who does not have title (property), legal title to a piece of property, usually real property, may acquire legal ownership based on continuous Possession (law), possession or occupation without the permission (licence) of its legal owner. It is sometimes colloquially described as ''squatter's rights'', a term associated with occupation without legal title during the westward expansion in North America, as occupying real property without permission is central to adverse possession. Some jurisdictions regulate squatting separately from adverse possession. Description In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, many legal systems courts recognize that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
USPTO
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services tprovide . The office is headed by the under secretary of commerce for intellectual property and director of the United States Patent and Trademark Office. , Coke Morgan Stewart is acting undersecretary and director, having been appointed to the position by President Trump on January 20. The U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is one of the 13 United States courts of appeals. It has special appellate jurisdiction over certain categories of cases in the U.S. federal court system. Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases. The Federal Circuit has no jurisdiction over any criminal, bankruptcy, immigration, or U.S. state law cases. It is headquartered at the Howard T. Markey National Courts Building in Washington, D.C. The Federal Circuit was created in 1982 with enactment of the Federal Courts Improvement Act, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Infringement
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Haven Charter Township, Michigan
Grand Haven Charter Township is a charter township of Ottawa County in the U.S. state of Michigan. The population was 18,004 at the 2020 census. The Grand Haven Township is located immediately south of the city of Grand Haven. Communities * Agnew is an unincorporated village in this Township near the junction of US 31 and M-45. Geography According to the United States Census Bureau, the Township has a total area of , of which is land and (2.83%) is water. Demographics As of the census of 2000, there were 13,278 people, 4,609 households, and 3,811 families residing in the township. The population density was . There were 5,042 housing units at an average density of . The racial makeup of the Township was 97.15% White, 0.12% African American, 0.35% Native American, 0.56% Asian, 0.01% Pacific Islander, 0.67% from other races, and 1.14% from two or more races. Hispanic or Latino of any race were 1.90% of the population. There were 4,609 households, out of which 44 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Haven, Michigan
Grand Haven is a city within the U.S. state of Michigan and the county seat of Ottawa County, Michigan, Ottawa County. Grand Haven is located on the eastern shore of Lake Michigan at the mouth of the Grand River (Michigan), Grand River, for which it is named. As of the 2020 United States census, 2020 census, Grand Haven had a population of 11,011. The city is home to the Grand Haven Memorial Airpark (3GM) and is located just north of Grand Haven Charter Township, Michigan, Grand Haven Charter Township. Grand Haven's ZIP code also serves most of Grand Haven and Robinson Township, Michigan, Robinson townships. History The Potawatomi and Ottawa (tribe), Ottawa Native Americans lived in the area for centuries and used the river as a trade route into the interior of Michigan. Some of the long cultures of the Ottawa tribe is being revealed through the excavation of archeological artifacts. The city dates its European-American founding to French colonial settlers. A fur trading outpos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
