dispositive facts
dispositive facts (1)决定性事实 指引起法律关系产生、变更或消灭的事实，亦即法律事实。 (2)决定性证据 (3)处分性事实 指导致权利授予或丧失的事实。
Search Results for: DISPOSITIVE
dispositive
dispositive (dis-poz-[schwa]-tiv), adj. 1. Being a deciding factor; (of a fact or factor) bringing about a final determination. 2. Of, relating to, or effecting the disposition of property by will or deed.
dispositive clause
dispositive clause. Scots law. In a deed, the clause of conveyance by which the grantor describes the property conveyed, its conditions or burdens, the name of the grantee, and the destination to heirs. See DESTINATION(3).
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bolger test
Bolger test. The judicial test for determining whether a statement is commercial speech, by examining (1) whether it is an advertisement; (2) whether it refers to a specific product or service; and (3) whether the speaker has an economic motivation for making the statement. Bolger v. Youngs Drug Prods. Corp., 463 U.S. 60, 66–67, 103
leading case
leading case. 1. A judicial decision that first definitively settled an important legal rule or principle and that has since been often and consistently followed. • An example is Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602 (1966) (creating the exclusionary rule for evidence improperly obtained from a suspect being interrogated while in police
final order
An order that is dispositive of the entire case. See final judgment under JUDGMENT. [Cases: Federal Civil Procedure 928; Motions 51. C.J.S. Motions and Orders §§ 2, 52–53, 55.]
disposition
disposition (dis-p[schwa]-zish-[schwa]n), n. 1. The act of transferring something to another’s care or possession, esp. by deed or will; the relinquishing of property (a testamentary disposition of all the assets). testamentary disposition. A disposition to take effect upon the death of the person making it, who retains substantially entire control of the property until death.
common disaster clause
common-disaster clause. A provision in a dispositive instrument, such as an insurance policy or a will, that seeks to cover the situation in which the transferor and transferee die in a common disaster. [Cases: Insurance 3485; Wills 543. C.J.S. Insurance § 1428; Wills § 1034.]
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fallo
fallo (fahl-yoh), n. Spanish law. The mandate in a court’s judgment; the dispositive sentence in a judicial pronouncement.
novodamus
novodamus (noh-v[schwa]-day-m[schwa]s), n. [Latin novo damus “we grant anew”] Scots law. 1. A clause in a charter that progressively grants certain rights anew. • The phrase appeared in reference to any charter by which a superior renewed a previous land grant to a vassal. 2. A charter containing such a clause. “This clause is subjoined