英文法律词典 N-18
文章来源: 文章作者: 发布时间:2008-03-20 06:06 字体: [ ]  进入论坛
(单词翻译:双击或拖选)

NEW. Something not known before.

2. To be patented, an invention must be new. When an invention has been described in a printed book which has been publicly circulated, and afterwards a person takes out a patent for it, his patent is invalid1, because the invention was not new, 7 Mann' & Gr. 818. See New and Useful Invention.

NEW AND USEFUL INVENTION. This phrase is used in tlie act of congress relating to granting patents for inventions.

2. The invention to be patented must not only be new, but useful; that is, useful in contradistinction to frivolous2 or mischievous3 inventions. It is not meant that the invention should in all cases be superior to the modes now in use for the same purposes. 1 Mason's C. C. R. 182; 1 Mason's C. C. R. 302; 4 Wash. C. C. R. 9: 1 Pet. C, C. R. 480, 481; 1 Paine's C. C. R. 203; 3 Mann. Gr. & Scott, 425. The law as to the usefulness of the invention is the same in France. Renouard, c. 5, s. 16, n. 1, page 177.

NEW FOR OLD. A term used in the law of insurance in cases of adjustment of a loss, when it has been but partial. In making such adjustment the rule is to apply the old materials towards the payment of the new, by deducting4 the value of them from the gross amount of the expenses for repairs, and to allow the deduction5 of one-third new for old upon the balance. See 1 Cowen, 265; 4 Cowen, 245; 4 Ohio, 284; 7 Pick. 259; 14 Pick. 141.

NEW or NOVEL ASSIGNMENT, pleading. Declarations are conceived in very general terms, and sometimes, from the nature of the action, are so framed as to be capable of covering several injuries. The effect of this is, that, in some cases, the defendant6 is not sufficiently7 guided by the declaration to the real cause of complaint; and is, therefore, led to apply his answer to a different matter from that which the plaintiff has in view. For example, it may happen that the plaintiff has, been twice assaulted by the defendant, and one of the assaults is justifiable8, being in self-defence, while the other may have been committed without legal excuse. Supposing the plaintiff to bring an action for the latter; from the generality of the statement in the declaration, the defendant is not informed to which of the two assaults the plaintiff means to refer. The defendant may, therefore, suppose, or affect to suppose, that the first is the assault intended, and will plead son assault demesne9. This plea the plaintiff cannot safely traverse, because an assault was in fact committed by the defendant, under the, circumstances of excuse here alleged10; the defendant would have a right under the issue joined upon such traverse, to prove these circumstances, and to presume that such assault, and no other, was the cause of action. The plaintiff, therefore, in the supposed case, not being able safely to traverse, and having no ground either for demurrer, or for pleading in confession11 and avoidance, has no course, but, by a new pleading, to correct the mistake occasioned by the generality of the declaration, and to declare that he brought his action not for the first but for the second assault and this is called a new assignment. Steph. PI. 241-243.

2. As the object of a new assignment is to correct a mistake occasioned by the generality of the declaration, it always occurs in answer to a plea, and is therefore in the nature of a replication. It is not used in any other part of the pleading.

3. Several new assignments may occur in the course of the same series of pleading.

4. Thus in the above example, if it be supposed that three distinct assaults had been committed, two of which were justifiable, the defendant might plead as above to the declaration, and 'then, by way of plea to the new assignment,, he might again justify12, in the same manner, another assault; upon which it would be necessary for the plaintiff to new-assign a third; and this upon the first principle by which the first new assignment was required. 1 Chit. PI. 614; 1 Saund. 299 c.

5. A new assignment is said to be in the nature of a new declaration. Bac. Abr. Trespass13 I, 4, 2; 1 Saund. 299 c. It seems, however, more properly considered as a repetition of the declaration; 1 Chit. PI. 602; differing only in this, that it distinguishes the true ground of complaint, as being different from that which is covered by the plea. Being in the nature of a new or repeated declaration, it is consequently to be framed with as much certainty or specification14 of circumstances, as the declaration itself. In some cases, indeed, it should be even more particular. Bac. Abr. Trespass, I 4, 2; 1 Chitt. Pl. 610; Steph. Pl. 245. See 3 Bl. Com. 311; Arch. Civ. 318; Lawes' Civ. PI. Pl. 286; Doct. Pl. 318; Lawes' Civ. Pl. 163.



点击收听单词发音收听单词发音  

1 invalid V4Oxh     
n.病人,伤残人;adj.有病的,伤残的;无效的
参考例句:
  • He will visit an invalid.他将要去看望一个病人。
  • A passport that is out of date is invalid.护照过期是无效的。
2 frivolous YfWzi     
adj.轻薄的;轻率的
参考例句:
  • This is a frivolous way of attacking the problem.这是一种轻率敷衍的处理问题的方式。
  • He spent a lot of his money on frivolous things.他在一些无聊的事上花了好多钱。
3 mischievous mischievous     
adj.调皮的,恶作剧的,有害的,伤人的
参考例句:
  • He is a mischievous but lovable boy.他是一个淘气但可爱的小孩。
  • A mischievous cur must be tied short.恶狗必须拴得短。
4 deducting a8b7c0fd0943a3e50d5131ea645ec08e     
v.扣除,减去( deduct的现在分词 )
参考例句:
  • Deducting drop size and velocity from circular blood stains. 如何从循环的血液中降低血滴的大小和速度。 来自电影对白
  • Ordinary shareholders receive dividend from profit after deducting the preference shares dividend. 普通股股东可获派剩馀的盈利为股息。 来自互联网
5 deduction 0xJx7     
n.减除,扣除,减除额;推论,推理,演绎
参考例句:
  • No deduction in pay is made for absence due to illness.因病请假不扣工资。
  • His deduction led him to the correct conclusion.他的推断使他得出正确的结论。
6 defendant mYdzW     
n.被告;adj.处于被告地位的
参考例句:
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
7 sufficiently 0htzMB     
adv.足够地,充分地
参考例句:
  • It turned out he had not insured the house sufficiently.原来他没有给房屋投足保险。
  • The new policy was sufficiently elastic to accommodate both views.新政策充分灵活地适用两种观点。
8 justifiable a3ExP     
adj.有理由的,无可非议的
参考例句:
  • What he has done is hardly justifiable.他的所作所为说不过去。
  • Justifiable defense is the act being exempted from crimes.正当防卫不属于犯罪行为。
9 demesne 7wcxw     
n.领域,私有土地
参考例句:
  • The tenants of the demesne enjoyed certain privileges.领地的占有者享有一定的特权。
  • Keats is referring to epic poetry when he mentions Homer's"proud demesne".当济慈提到荷马的“骄傲的领域”时,他指的是史诗。
10 alleged gzaz3i     
a.被指控的,嫌疑的
参考例句:
  • It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
  • alleged irregularities in the election campaign 被指称竞选运动中的不正当行为
11 confession 8Ygye     
n.自白,供认,承认
参考例句:
  • Her confession was simply tantamount to a casual explanation.她的自白简直等于一篇即席说明。
  • The police used torture to extort a confession from him.警察对他用刑逼供。
12 justify j3DxR     
vt.证明…正当(或有理),为…辩护
参考例句:
  • He tried to justify his absence with lame excuses.他想用站不住脚的借口为自己的缺席辩解。
  • Can you justify your rude behavior to me?你能向我证明你的粗野行为是有道理的吗?
13 trespass xpOyw     
n./v.侵犯,闯入私人领地
参考例句:
  • The fishing boat was seized for its trespass into restricted waters.渔船因非法侵入受限制水域而被扣押。
  • The court sentenced him to a fine for trespass.法庭以侵害罪对他判以罚款。
14 specification yvwwn     
n.详述;[常pl.]规格,说明书,规范
参考例句:
  • I want to know his specification of details.我想知道他对细节的详述。
  • Examination confirmed that the quality of the products was up to specification.经检查,产品质量合格。
TAG标签:
发表评论
请自觉遵守互联网相关的政策法规,严禁发布色情、暴力、反动的言论。
评价:
表情:
验证码:点击我更换图片