term of art 特定术语；特定用语 某一用语在特定的语境下有特殊的含义，法律领域中使用大量的特定用语。如「double jeopardy」在普通用法中指导致双重风险的情势，而在法律中则指同一罪行不受两次审判。将某一用语归入特定用语的行列将会产生法律上的后果，如美国联邦最高法院就曾通过将出院后的治疗费和受害人因公共医疗机构的疏忽而导致的严重脑损伤以及随之而来的对未来生活能力的丧失的补偿解释为对当事人的补偿〔compensation〕，而不是对州政府的惩罚〔punitive damage〕——因为这为制定法所禁止，从而判决州政府对当事人作出高额赔偿而不仅限于住院期间的治疗费用。 (→punitive damages)
term-of-art canon. In statutory construction, the principle that if a term has acquired a technical or specialized meaning in a particular context, the term should be presumed to have that meaning if used in that context. [Cases: Statutes 192.]
term of art. 1. A word or phrase having a specific, precise meaning in a given specialty, apart from its general meaning in ordinary contexts. • Examples in law include and his heirs and res ipsa loquitur. [Cases: Contracts 152; Statutes 192. C.J.S. Contracts §§ 307, 318–322, 327, 331; Statutes§ 322.] 2. Loosely, a jargonistic
partnership for a term 定期合伙 指存续特定期限或直至特定事件发生才解散的合伙。该种合伙亦可由任一合伙人在期满之前解散，但该合伙人需承担违反合伙协议之责任。(→partnership at will)
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termination of partnership 合伙的终止(→dissolution)
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A partnership that exists for a specified duration or until a specified event occurs. • Such a partnership can be prematurely dissolved by any partner, but that partner may be held liable for breach of the partnership agreement. Cf. partnership at will.
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Navy Department. A division of the Department of Defense that oversees the operation and efficiency of the Navy, including the Marine Corps component (and the U.S. Coast Guard when operating as a naval service). • Established in 1798, the Department is headed by the Secretary of the Navy, who is appointed by the President and
antedating of a prior-art reference. Patents. The removal of a publication, a U.S. patent, or a foreign patent cited as prior art against the application by filing an affidavit or declaration establishing the applicant’s completion of the invention in this country, or in another NAFTA or WTO member country, before the effective date of the
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applied-art doctrine. Copyright. The rule that a pictorial, graphic, or sculptural work that has an inherent use apart from its appearance, and is also an expressive work apart from its utility, may qualify for copyright protection. • Examples have included bookends, lamps, and sundials. In contrast to applied art, industrial designs are not copyrightable, although
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A partnership that does not buy and sell but instead is a partnership of employment or occupation. — Also termed noncommercial partnership.
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