Legal Definitions - election

Election

In legal contexts, the term "election" refers to a deliberate choice made between alternative rights, remedies, or courses of action, often with the understanding that selecting one option precludes the ability to pursue others. It can also describe a formal process of selecting individuals for positions or status, or a specific requirement in patent law.

1. Choosing Between Legal Rights or Remedies

This meaning of election refers to a situation where a person or entity has multiple legal options available to them, but by choosing one, they are legally prevented from pursuing the others. It's about making a definitive choice among competing legal paths.

• Example 1: Contract Dispute

  Imagine a business owner discovers that a supplier intentionally misrepresented the quality of materials provided in a contract. The owner might have two main legal options: either rescind the contract (cancel it entirely and return the materials for a refund) or affirm the contract (keep the materials and sue for monetary damages due to the misrepresentation). The business owner's election to pursue one of these remedies means they cannot simultaneously pursue the other. If they choose to rescind, they cannot later sue for damages based on the contract's terms.

  Explanation: This illustrates election because the business owner must choose one path (rescission or damages) which then legally closes off the other option, demonstrating a choice that precludes alternative remedies.

• Example 2: Property Inheritance

  A person dies, leaving a will that names their child as a beneficiary of a specific piece of land. However, the child believes the will is invalid due to improper execution and could potentially inherit a larger share of the estate if the will were successfully challenged. The child faces an election: either accept the specific land as per the will's terms or challenge the will's validity in court. If they accept the land, they generally cannot later challenge the will's validity regarding other assets.

  Explanation: Here, the child's choice to accept a benefit under the will acts as an election, preventing them from simultaneously pursuing a claim that the entire will is invalid.

2. Equitable Election (Compelled Choice of Benefits)

This refers to a legal doctrine where a person is compelled to choose between accepting a benefit offered in a legal document (like a will or trust) and retaining some property right they already possess or are otherwise entitled to. They cannot have both.

• Example 1: Will with Conflicting Gifts

  A will states that a valuable antique clock, which legally belongs to the testator's niece, is to be given to the testator's nephew. The same will also leaves a significant sum of money to the niece. The niece is put to an equitable election: she must choose between accepting the sum of money (and thereby allowing the clock to go to the nephew) or asserting her ownership of the clock (and thereby forfeiting the money from the will).

  Explanation: The niece is compelled to choose between a benefit offered in the will (the money) and her existing property right (ownership of the clock). She cannot enjoy both simultaneously.

• Example 2: Trust Agreement

  A trust agreement is established, providing a monthly income to a beneficiary. However, a clause in the trust also attempts to transfer a specific investment portfolio, which the beneficiary already owns outright, into the trust's assets. The beneficiary faces an equitable election: they can either accept the monthly income and allow their investment portfolio to become part of the trust, or they can refuse the income and retain full control over their investment portfolio.

  Explanation: This demonstrates an equitable election because the beneficiary must choose between the benefit provided by the trust (monthly income) and their pre-existing right to their own property (the investment portfolio).

3. The Process of Selecting a Person for Office or Status

This is the most common understanding of "election," referring to the formal process by which individuals are chosen to occupy a position, usually a public office, membership, or other title, typically through voting.

• Example 1: National Leadership

  Citizens across a country participate in a national election to choose their president and members of parliament. Voters cast ballots for their preferred candidates, and the individuals who receive the most votes (according to the specific electoral system) are selected to hold these public offices for a defined term.

  Explanation: This illustrates the selection of individuals for public office through a formal voting process.

• Example 2: Local Government Vacancy (By-election)

  When a city council member resigns unexpectedly halfway through their term, the local community holds a by-election (also known as a special election). This specific election is conducted solely to fill that vacant seat until the next regular election cycle, ensuring continuous representation.

  Explanation: This is an example of an election held to fill a specific vacancy, demonstrating a common type of electoral process.

• Example 3: Union Representation (Representation Election)

  Employees at a large manufacturing plant decide they want to form a union. The National Labor Relations Board (NLRB) conducts a representation election where the employees vote by secret ballot to determine whether a particular labor union will officially represent them in collective bargaining with the company's management.

  Explanation: This shows an election used to determine a group's status (union representation) through a formal voting process among employees.

4. Patent Applicant's Choice

In patent law, "election" refers to a patent applicant's choice of a single invention or specific version of an invention to continue prosecuting under their original application, after a patent examiner has determined that the application describes multiple distinct inventions and requires the applicant to focus on one.

• Example 1: Multiple Inventions in One Application

  An inventor files a patent application describing a new type of multi-tool that combines a wrench, a screwdriver, and a saw. The patent examiner reviews the application and determines that the wrench, screwdriver, and saw components are distinct inventions that should be examined separately. The examiner then requires the inventor to make an election, choosing which single invention (e.g., the novel wrench design) they wish to pursue in the current application.

  Explanation: This illustrates the patent applicant being compelled to choose one specific invention out of several described, to streamline the examination process.

• Example 2: Variations of an Invention (Election of Species)

  A pharmaceutical company applies for a patent on a new drug compound, and the application describes several slightly different chemical variations (species) of the compound, all intended for the same medical use. If the patent examiner determines that the general claim covering all variations is not allowable, they might require an election of species, asking the company to choose one specific chemical variation to focus on for the current patent application.

  Explanation: Here, the election involves choosing a specific version or "species" of an invention when a broader claim is deemed too encompassing by the patent office.