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functionality doctrine (trademark)

The functionality doctrine is a rule in trademark law which states that functional product features cannot serve as a trademark. A product feature is considered functional if it is essential to the use or purpose of the product or if it affects the cost or quality of the product. For example, in Valu Engineering, Inc. v.

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further affiant sayeth naught

Further affiant sayeth naught (with variations also using the words “saith” and “not”) is a traditional phrase dating back to centuries old English tradition. The words simply are added to the end of affidavits and other legal documents to signify that the person has nothing else to say about the issue being discussed.

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gap filling

Gap filling refers to the process of inferring and inserting contractual terms into a contract when the contract fails to specify all necessary terms for the contract to be performed. Courts rely on a series of gap filling rules to carry out this process. Gap filling is justified under the assumption that parties who create a contract must intend to agree to any conditions making that contract possible.

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garageman's lien

A garageman’s lien is a security interest that may be acquired in property by someone who spends material or labor working on that property. A garageman’s lien usually stays in effect until the lien holder gets paid for services provided. The failure to pay for services as agreed may allow the lien holder to keep possession of the property involved. Thus, an automobile mechanic can hold a car until its owner pays for repairs.&nbsp

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general election

A general election is a scheduled election held to fill all or most of a political body's elected posts, usually taking place at regular intervals. For example, under 2 U.S.C. Section 7, a general election for delegates and representatives to the United States Congress is held on “[t]he Tuesday next after the 1st Monday in November, in every even numbered year . . .

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general intangible

A general intangible is the term for a non-physical asset that is not easily calculated. Examples include literary rights, things in action, and goodwill. General intangibles are particularly relevant when dealing with secured transactions.

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general intent

General intent is an actual intent to perform some act, but without a wish for the consequences that result from that act. Depending on the offense alleged, both tort plaintiffs and criminal prosecutors may need to prove that the defendant acted with general intent. 

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general power of appointment

A general power of appointment gives the holder, also known as the donee, the broad power to give away the decedent’s property to whoever the holder determines. For example, if a holder of a power of appointment can give the property to anyone in the world, that is a general power of appointment.

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general verdict

A general verdict is a verdict in which the jury decides which party should win the case, without listing its specific findings on any disputed issues. Juries issuing a general verdict are not required to provide the court with the justifications or reasonings underlying their decision.

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