This much, Jerry, with his head becoming more and more spiky as the law terms
bristled it, made out with huge satisfaction, and so arrived circuitously at the understanding that the aforesaid, and over and over again aforesaid, Charles Darnay, stood there before him upon his trial; that the jury were swearing in; and that Mr.
'Why, you know, sir,' returned Brass, venturing to be more familiar: '--the fact is, sir, that any allusion to these little combinings together, of friends, for objects in themselves extremely laudable, but which the law terms
conspiracies, are--you take me, sir?--best kept snug and among friends, you know.'
A trust is an English common law term
whereby a person (the trustee) holds something on behalf of another person (the beneficiary).
"Aid," as used in the statute, is a "common law term
of art." An "'aider is one who is present, actually or constructively, assisting the perpetrator in the commission of the crime.' 'The prosecution must prove that the accused did or said something showing his consent to the felonious purpose and his contribution to its execution.' That is, for criminal liability for aiding to attach, the defendant must have the requisite means rea."
He came up with the phrase "natural born," an English common law term
meaning you belong to the place you are born--like Hawaii.
We think this constitutes effective 'refoulement,' which is a refugee law term
that means you're being basically forced back to a country where you face a well-founded fear of some kind of persecution," said Van Esveld.
To be sure, Congress is presumed to intend the common law meaning when it uses a common law term
. That presumption, however, only makes sense if the term had an established meaning in the common law.
(72) In justifying its decision, the Court remarked that, "[w]hatever the significance of a presumption in the abstract, basic principles of statutory construction require us to assume that Congress meant to incorporate 'the cluster of ideas' attached to the common-law term it adopted." (73) In importing the clear and convincing evidence the Court felt was attached to the common law term
"presume," however, the Court ignored the fundamental rationale--deference to the PTO--underlying that evidentiary threshold.
Yesterday, the Chief Justice said she proposed to put the case into the start of the next law term
because "the matter has gone by for several weeks now, and it is an urgent matter".
Many physicians don't recognize that "the common law term
for the employer-employee relationship is 'master-servant," she said.
(Prior art is a law term
for publications, patents, and other public disclosures that occur prior to an invention.) If it is already disclosed, it is not novel.
Standard of proof is a common law term
that refers to how convincing the burdened party's case must be.