adjective law (aj-ik-tiv). The body of rules governing procedure and practice; PROCEDURAL LAW. — Also termed adjectival law. [Cases: Action 1. C.J.S. Actions §§ 2–9, 11, 17, 21, 32–33, 36.] “The body of law in a State consists of two parts, substantive and adjective law. The former prescribes those rules of civil conduct which declare […]
adjective law 程序法 也称adjectival law，指据以执行实体法〔substantive law〕的法律。此词由英国法学家边沁〔Bentham, Jeremy 〕(1748-1832)首先使用。它是实体法〔substantive law〕的对称，其含义和范围与诉讼法〔procedural law〕相同，但该词主要见于法学着作中。
procedural law 程序法 规定通过司法途径使权利或义务得到实现应遵循的步骤和手续的法律，区别于规定具体的权利或义务本身的实体法〔substantive law〕。也称作adjective law。
procedural law. The rules that prescribe the steps for having a right or duty judicially enforced, as opposed to the law that defines the specific rights or duties themselves. — Also termed adjective law. Cf. SUBSTANTIVE LAW. [Cases: Statutes 242, 267. C.J.S. Statutes § 421.]
general principle of law. 1. A principle widely recognized by peoples whose legal order has attained a certain level of sophistication. 2. Int’l law. A principle that gives rise to international legal obligations. “[T]he adjective ‘general’ does not refer to several or many orders [i.e., legal systems] as do the general principles of national law,
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malitia (m[schwa]-lish-ee-[schwa]). [Latin “malice”] Hist. An actual evil design; express malice. • Malitia originally signified general wrongdoing, and did not describe a wrongdoer’s state of mind; malitia praecogitata, for example, indicated only the seriousness of the offense, though it was eventually rendered malice aforethought. malitia capitalis (m[schwa]-lish-ee-[schwa] kap-i-tay-lis). [Latin] Hist. Deadly malice. malitia excogitata (eks-koj-[schwa]-tay-t[schwa]).
eigne (ayn), adj. [Law French] Hist. 1. (Of a child) eldest; first-born. 2. (Of title) superior; prior. 3. (Of an estate) entailed. See ENTAILED. • This adjective traditionally follows the noun it modifies in sense 1 (bastard eigne) but precedes the noun in senses 2 & 3 (eigne title). — Also spelled eygne; aisne. —
recklessness, n. 1. Conduct whereby the actor does not desire harmful consequence but nonetheless foresees the possibility and consciously takes the risk. • Recklessness involves a greater degree of fault than negligence but a lesser degree of fault than intentional wrongdoing. [Cases: Negligence 274. C.J.S. Negligence §§ 104–105, 109.] 2. The state of mind in