conclusion of law
conclusion of law 法律结论 １指法律上的推断，或根据事实迹象得出的法律推断，不需其他证据；２指法庭基于陪审团查明的事实而提出适用的法律，并构成判决的基础。 (→legal conclusion)
Search Results for: CONCLUSION OF LAW
conclusion of law
conclusion of law. An inference on a question of law, made as a result of a factual showing, no further evidence being required; a legal inference. Cf. FINDING OF FACT; LEGAL CONCLUSION.
verdict contrary to law
A verdict that the law does not authorize a jury to render because the conclusion drawn is not justified by the evidence. — Also termed wrong verdict. [Cases: Federal Civil Procedure 2338; New Trial 66. C.J.S. New Trial § 85.]
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legal conclusion
legal conclusion. A statement that expresses a legal duty or result but omits the facts creating or supporting the duty or result. Cf. CONCLUSION OF LAW; CONCLUSION OF FACT; FINDING OF FACT.
finding of fact
finding of fact. A determination by a judge, jury, or administrative agency of a fact supported by the evidence in the record, usu. presented at the trial or hearing (he agreed with the jury’s finding of fact that the driver did not stop before proceeding into the intersection). — Often shortened to finding. See FACT-FINDER.
finding of fact
A determination by a judge, jury, or administrative agency of a fact supported by the evidence in the record, usu. presented at the trial or hearing [he agreed with the jury’s finding of fact that the driver did not stop before proceeding into the intersection]. — Often shortened to finding. See FACT-FINDER. Cf. CONCLUSION OF
modo et forma
modo et forma (moh-doh et for-m[schwa]). [Latin] In manner and form. • In common-law pleading, this phrase began the conclusion of a traverse. Its object was to put the burden on the party whose pleading was being traversed not only to prove the allegations of fact but also to establish as correct the manner and
concordia discordantium canonum
Concordia discordantium canonum (kon-kor-dee-[schwa] dis-kor-dan-shee-[ schwa]m k[schwa]-nohn-[schwa]m). [Latin “the harmony of the discordant canons”] Hist. A collection of eccle-siastical authorities compiled by Gratian, an Italian monk, ca. 1140. • Gratian analyzed questions of law by drawing conclusions from side-by-side comparisons of a variety of texts. Later canonist scholarship usu. pro-ceeded from Gratian’s work. — Also
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offset
offset, n. Something (such as an amount or claim) that balances or compensates for something else; SETOFF. “Both setoff and recoupment existed at common law, but their scope has been modified, expanded, and ultimately merged by subsequent statutory and decisional law. The final equitable concept of ‘offset’ recognizes that the debtor may satisfy a creditor’s
obviousness
obviousness, n. Patents. The quality or state of being easily apparent to a person with ordinary skill in a given art, considering the scope and content of the prior art, so that the person could reasonably believe that, at the time it was conceived, the invention was to be expected. • An invention that is