Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Black's Law Dictionary: 2nd Edition

    An invention or contrivance; any result of design; as in the phrase "gambling device," which means a machine or contrivance of any kind for the playing of an uniawful game of chance or hazard. State v. Blackstone, 115 Mo. 424, 22 S. W. 370. Also, a plan or project; a scheme to trick or deceive; a stratagem or artifice; as in the laws relating to fraud and cheating. State v. Smith, 82 Minn. 342, 85 N. W. 12. Also an emblem, pictorial representation or distinguishing mark or sign of any kind; as in the laws prohibiting the marking of ballots used in publlc elections with "any device." Baxter v. Ellis, 111 N. C. 124, 15 S. E. 938, 17 Ij. R. A. 382; Owens v. State, 64 Tex. 509; Steele r. Calhoun, 61 Miss. 556. In a statute against gaming devices, this term la to be understood as meaning something formed by design, a contrivance, an invention. It is to be distinguished from "substitute," which means something put in the place of another thing, or used instead of something else. Henderson v. State, 59 Ala. 91. In patent law. A plan or contrivance, or an application, adjusiment, shaping, or combination of materiuis or members, for the purpose of accomplishing a particular result or serving a particular use, chiefly by mechanical means and usually simple in character or not highly complex, but involving the exercise of the inventive faculty.