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Proprietary rights
Proprietary rightsPatents, trade secrets, copyrights or other intellectual property that belongs to the writer, client, employer or other holder. RELATED TERMS-------------------------------------- Trade In its most extensive signification this word includes all sorts of dealings by way of Bale or exchange. In a more limited sense it signifies the dealings in a particular business, as the India trade; by trade is also understood the business of a particular mechanic, hence boys are said to be put apprentices to learn a trade, as the trade of a carpenter, shoemaker, and the like. Property Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property. Client Practice. One who employs and retains an attorney or counsellor to manage or defend a suit or action in which he is a party, or to advise him about some legal matters. Employer One who has engaged or hired the services of another. He is entitled to rights and bound to perform duties. Holder The holder of a bill of exchange is the person who is legally in the possession of it, either by endorsement or delivery, or both, and entitled to receive payment either from the drawee or acceptor, and is considered as an assignee. 4 Dall. 53. And one who endorses a promissory note for collection, as an agent, will be considered the holder for the purpose of transmitting notices. SIMILAR TERMS-------------------------------------- Proper That which is essential, suitable, adapted, and correct. Proper law The principle of the conflict of laws according to which the law applicable to a given legal situation should be the law having the closest and most real connection to the case. The term "proper law of the contract" was first used by Westlake in A Treatise on Private International Law, with principal reference to its practice in England. Properly applicable law The law which has the closest and most real connection (or most significant relationship) with the contract or tort, based upon the connecting factors (contacts). The properly applicable law may be identified by the application to any conflict of laws problem of a consistent methodology (supra), such as that proposed in Tetley, Int'l C. of L., 1994 at pp. 35-43, 41-42. Property Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property. Property tax A tax levied on land and buildings (real estate) and on personal property. Propinquity Kindred; parentage. Propios Propios. Proprios. Spanish law. Certain portions of ground laid off and reserved when a town was founded in Spanish America, as the unalienable property of the town, for the purpose of erecting public buildings, markets or to be used in any other way, under the direction of the municipality, for the advancement of the revenues, or the prosperity of the place. Proponent Ecclesiastical law. One who propounds a telling. Proportionate fault The rule for apportioning damages in tort / delict, whereby each party whose fault has contributed to the total loss or damage is held liable for that loss or damage in a proportion corresponding to that party's fault or negligence. Proportionate fault is the system of apportionment of damages recognized historically by the civil law and later codified into various civil codes. Proposal An offer for consideration or acceptance. Proposition An offer to do something. Until it has been accepted, a proposition may be withdrawn by the party who makes it; and to be binding, the acceptance must be in the same terms, without any variation. Propositus The person proposed. In making genealogical tables, the person whose relations it is desirous to find out, is called the propositus. Propound To propound. To offer, to propose. Propres French law. The term propres or biens propres, is used to denote that property which has come to an individual from his relations, either in a direct line, ascending or descending, or from a collateral line, whether the same have come by operation of law or by devise. Propria persona In his own person. It is a rule in pleading that pleas to the jurisdiction of the court must be pleaded in propria persona, because, if pleaded by attorney, they admit the jurisdiction, as an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction. Proprietary In its strict sense, this word signifies one who is master of his actions, and who has the free disposition of his property Proprietate probanda English practice. The name of a writ which issues in a case of replevin when the defendant claims property in the chattels replevied, and the sheriff makes a return accordingly. Proprietor The owner. Proprio vigore By its own force or vigor. This expression is frequently used in construction. A phrase is said to have a certain meaning proprio vigore. Propter affectum For or on account of some affection or prejudice. A juryman may be challenged propter affectum. Propter defectum On account or for some defect. This phrase is frequently used in relation to challenges. A juryman may be challenged propter defectum. Propter delictum For or on account of crime. A juror may be challenged propter delictum, when he has been convicted of an infamous crime. PREVIOUS AND NEXT TERMS-------------------------------------- Propositus The person proposed. In making genealogical tables, the person whose relations it is desirous to find out, is called the propositus. Propound To propound. To offer, to propose. Propres French law. The term propres or biens propres, is used to denote that property which has come to an individual from his relations, either in a direct line, ascending or descending, or from a collateral line, whether the same have come by operation of law or by devise. Propria persona In his own person. It is a rule in pleading that pleas to the jurisdiction of the court must be pleaded in propria persona, because, if pleaded by attorney, they admit the jurisdiction, as an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction. Proprietary In its strict sense, this word signifies one who is master of his actions, and who has the free disposition of his property Proprietary rights Proprietate probanda English practice. The name of a writ which issues in a case of replevin when the defendant claims property in the chattels replevied, and the sheriff makes a return accordingly. Proprietor The owner. Proprio vigore By its own force or vigor. This expression is frequently used in construction. A phrase is said to have a certain meaning proprio vigore. Propter affectum For or on account of some affection or prejudice. A juryman may be challenged propter affectum. Propter defectum On account or for some defect. This phrase is frequently used in relation to challenges. A juryman may be challenged propter defectum. We thank you for using the Juridical Dictionary to search for Proprietary rights. If you have a better definition for Proprietary rights than the one presented here, please let us know by making use of the suggest a term option. This definition of Proprietary rights may be disputed by other professionals. Our attempt is to provide easy definitions on Proprietary rights and any other medical topic for the public at large.
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