Also known as: analogs · analogous · analogously · analogy · analogue · analogous reasoning
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A different material or sequence that produces the same functional result as a specified material when used in a particular manner. Patent applicants frequently claim analogs to block competitors from achieving identical outcomes through minor substitutions.
A different material or sequence that produces the same functional result as a specified material when used in a particular manner. Patent applicants frequently claim analogs to block competitors from achieving identical outcomes through minor substitutions.
Select any source to read its text and confirm it supports the definition.
An interest in a thing other than land that receives the same legal treatment as a corresponding estate in land. The concept permits doctrines governing land estates to extend to personal property through functional equivalence.
Select any source to read its text and confirm it supports the definition.
An interest in a thing other than land that receives the same legal treatment as a corresponding estate in land. The concept permits doctrines governing land estates to extend to personal property through functional equivalence.
Each sense below has its own examples, sources, and questions.
Aaron Adams published an editorial criticizing a city official's performance. The official sued for libel. The court extended the actual-malice standard to the editorial by treating the public criticism as analogous to statements made by officials acting within the scope of their duties.
The patent sense refers to a substitute material that achieves identical functional results. The property sense refers to an interest in personal property that receives the same doctrinal treatment as a land estate under a condition subsequent.
Supporting sources
Abigail Alvarez transferred specialized manufacturing equipment to Alliance Holdings subject to the condition that the equipment be used only for noncompetitive purposes. When Alliance Holdings began producing rival goods, Abigail sought to terminate the transfer. The court recognized her retained interest as a power of termination because the equipment lease created an interest analogous to a defeasible estate in land.
Andrew Avery lived with his granddaughter in a single-family zone that limited occupancy to nuclear families. He challenged the ordinance as irrational. The court compared the restriction to prior cases involving extended-family living arrangements and found the definition of family unconstitutionally narrow.
Anika Anand was prosecuted under a federal statute banning firearms near schools. She argued the law exceeded congressional power. The court refused to treat school safety as analogous to economic regulation of interstate commerce and struck down the statute.
Adrian Aguilar, special prosecutor, subpoenaed presidential tapes. The President asserted a privilege analogous to legislative immunity. The court rejected the claim, holding that no express constitutional provision created such protection for confidential communications.
Antonio Alvarado and his partner sought a marriage license. The state relied on historical definitions of marriage. The court rejected the analogy to prior restrictions on interracial marriage and held that the fundamental right to marry extends to same-sex couples.
A court may supply a reasonable term under Restatement (Second) of Contracts § 204 when parties omit an essential condition. The supplied term is labeled constructive to distinguish it from express or implied-in-fact conditions created by the parties.
Supporting sources
Yes. The interpretation given to demand language in a promise to pay money follows by analogy from the UCC rule that a claim on a demand instrument arises on its date or date of issue.
Supporting sources
…and candidates for office." 78 Kan., at 723, 98 P., at 285. Such a privilege for criticism of official conduct is appropriately analogous to the protection accorded a public official when he is sued for libel by a private citizen. In Barr v. Matteo, 360 U. S. 564, 575, this Court held the utterance of a federal official to be…