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This test is typically referred to as the "patent bar", although the word "bar" does not appear in the test's official name. Unlike the general bar examination, for which graduation from a recognized law school is a prerequisite, the USPTO exam does not require that the candidate have taken any law school courses.
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
Abbreviated sub nom.; used in case citations to indicate that the official name of a case changed during the proceedings, usually after appeal (e.g., rev'd sub nom. and aff'd sub nom.) sub silentio: under silence A ruling, order, or other court action made without specifically stating the ruling, order, or action.
There is an important difference between res judicata and functus officio: the former refers to the end of a case, while the latter refers to the expiration of an office. Functus officio derives from "fungi": to perform, end or expire (cognate to the ordinary English word "defunct").
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
A bar collectively describes all members of the profession of barrister within a given jurisdiction. While as a minimum the bar is an association embracing all its members, it is usually the case, either de facto or de jure, that the bar is invested with regulatory powers over the manner in which barristers practice.
Among famous trials at bar are the trials of Sir Roger Casement and Dr Leander Starr Jameson. In England and Wales, in civil cases where the Crown is interested, the Attorney General's right to claim a trial at bar is expressly preserved by Section 40(2)(g) of the Crown Proceedings Act 1947, but the practice seems to have fallen into disuse. [1]