conflict of authority
conflict of authority 权威冲突 1指几个法院,常为同级终审法院,在法律原则或适用上的分歧观点;2指学者间或学者论着中的不同观点,特别在权威学者观点占重要地位的国际公法或国际私法等学术领域。
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conflict of authority 权威冲突 1指几个法院,常为同级终审法院,在法律原则或适用上的分歧观点;2指学者间或学者论着中的不同观点,特别在权威学者观点占重要地位的国际公法或国际私法等学术领域。
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conflict of authority. 1. A disagreement between two or more courts, often courts of coordinate jurisdiction, on a point of law. 2. A disagreement between two or more treatise authors or other scholars, esp. in an area in which scholarly authority is paramount, such as public or private international law.
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antinomy (an-tin-[schwa]-mee), n. A contradiction in law or logic; esp., a conflict of authority, as between two decisions (antinomies in the caselaw). — antinomic (an-ti-nom-ik), adj.
sed vide (sed vI-dee). [Latin] But see. • This remark, followed by a citation, directs the reader’s attention to an authority or a statement that conflicts with or contradicts the statement or principle just given. — Also termed but see.
Supremacy Clause. The clause in Article VI of the U.S. Constitution declaring that the Constitution, all laws made in furtherance of the Constitution, and all treaties made under the authority of the United States are the “supreme law of the land” and enjoy legal superiority over any conflicting provision of a state constitution or law.
war. 1. Hostile conflict by means of armed forces, carried on between nations, states, or rulers, or sometimes between parties within the same nation or state; a period of such conflict (the Gulf War). • A state of war may also exist without armed conflict; for example, the treaty formally ending the World War II
admiralty and maritime jurisdiction. The exercise of authority over maritime cases by the U.S. district courts sitting in admiralty. See 28 USCA § 1333. — Often shortened to admiralty jurisdiction; maritime jurisdiction. See ADMIRALTY(1); SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS . [Cases: Admiralty 1–25. C.J.S. Admiralty §§ 2–86, 280; Conflict of Laws §
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