jury process
jury process 陪审员召集令 由法院发出的要求陪审员出庭的命令。
jury process. 1. The procedure by which jurors are summoned and their attendance is enforced. [Cases: Jury 67. C.J.S. Juries § 319.] 2. The papers served on or mailed to potential jurors to compel their attendance.
birth injury. Harm that occurs to a fetus during the birth process, esp. during labor and delivery. Cf. PRENATAL INJURY.
An injury that is still in the process of being committed. • An example is the constant smoke or noise of a factory. — Also termed continuing harm. [Cases: Damages 110. C.J.S. Damages §§ 135–136.]
submission to the jury. The process by which a judge gives a case to the jury for its consideration and verdict, usu. after all evidence has been presented, arguments have been completed, and jury instructions have been given.
submission to the jury Read More »
sequestration (see-kwes-tray-sh[schwa]n), n. 1. The process by which property is removed from the possessor pending the outcome of a dispute in which two or more parties contend for it. Cf. ATTACHMENT(1); GARNISHMENT. [Cases: Sequestration 1. C.J.S. Sequestration §§ 2–3, 5.] conventional sequestration. The parties’ voluntary deposit of the property at issue in a lawsuit. judicial
incorporation doctrine 〈美〉合并原则 通过美国宪法第十四条修正案,将最初仅对联邦政府权力有约束力的《权利法案》〔Bill of Rights〕的多数规定,同样扩展适用于州政府的宪法原则。直到19世纪初期,美国法院一直将《权利法案》适用于联邦政府。但此种观点在19世纪中期受到质疑。而在合并进程中起关键作用的则是1868年获批准的美国宪法第十四条修正案,该修正案规定非经正当法律程序〔due process of law〕任何州不得剥夺公民的生命、自由或财产。自1897年起,美国最高法院通过各类判决意见,已将除下列规定外《权利法案》所有权利并入州:1第二条修正案的携带武器的权利〔right to bear arms〕;2第三条修正案的禁止驻扎士兵〔prohibition of quartering soldiers〕;3第五条修正案的由大陪审团起诉的权利〔right to grand-jury indictment〕;4第七条修正案的民事案件受陪审团审判的权利〔right to a jury trial〕;5第八条修正案的禁止科处过高保释金和罚金〔prohibition of excessive bail and fines〕。
incorporation doctrine Read More »
Pennsylvania rule. Torts. The principle that a tortfeasor who violates a statute in the process of causing an injury has the burden of showing that the violation did not cause the injury. The Pennsylvania, 86 U.S. (19 Wall.) 125, 136 (1874). [Cases: Collision 123; Shipping 86(2.3). C.J.S. Collision §§ 211–220.]
bill of Middlesex. Hist. A process by which the Court of the King’s Bench in Middlesex obtains jurisdiction over a defendant who resides in a county outside the Court’s jurisdiction, by alleging a fictitious trespass in a county over which the court has jurisdiction. • Once the sheriff returns the bill noting that the defendant
conviction (k[schwa]n-vik-sh[schwa]n), n. 1. The act or process of judicially finding someone guilty of a crime; the state of having been proved guilty. [Cases: Criminal Law 977(5).] 2. The judgment (as by a jury verdict) that a person is guilty of a crime. 3. A strong belief or opinion. abiding conviction. A settled conviction; a