include
include v. 包括；包含 拉丁语为「inclaudere」。可有两重意义：１有「限制」及「举例」或「列举」性质，说明前词原有的内涵；２有「增补」及「扩大」的作用，兼及前词未有的内容。应依上下文确定其具体含义。
Search Results for: INCLUDE
lesser included offense
A crime that is composed of some, but not all, of the elements of a more serious crime and that is necessarily committed in carrying out the greater crime [battery is a lesser included offense of murder]. • For double-jeopardy purposes, a lesser included offense is considered the “same offense” as the greater offense, so
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appropriare et includere communiam
appropriare et includere communiam 侵占公地；圈占公地
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necessarily included offense
necessarily included offense. See lesser included offense under OFFENSE(1).
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include
include, vb. To contain as a part of something. • The participle including typically indicates a partial list (the plaintiff asserted five tort claims, including slander and libel). But some drafters use phrases such as including without limitation and including but not limited to — which mean the same thing. See NAMELY.
explanatory phrase rule
explanatory-phrase rule. Trademarks. The principle that a senior user of a family-name trademark is entitled to a judicial remedy for unfair competition if the same family name appears on competing goods or services, the remedy being that the junior user must include on signs, labels, and advertisements an explanation that the company is not affiliated
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peril of the sea
peril of the sea. An action of the elements at sea of such force as to overcome the strength of a well-founded ship and the normal precautions of good marine practice. • A peril of the sea may relieve a carrier from liability for the resulting losses. — Also termed danger of navigation; danger of
corporate crime
A crime committed by a corporation’s representatives acting on its behalf. • Examples include price-fixing and consumer fraud. Although a corporation as an entity cannot commit a crime other than through its representatives, it can be named as a criminal defendant. — Also termed organizational crime. Cf. occupational crime. [Cases: Corporations 526. C.J.S. Corporations §§
commercial tort claim
commercial tort claim. A claim arising in tort when the claimant is either (1) an organization, or (2) an individual whose claim arose in the course of the claimant’s business or profession, and the claim does not include damages arising out of personal injury or death. UCC § 9-102(a)(13).
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