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alternative writ

alternative writ 选择令状 普通法上的一种令状,它要求某人为特定行为,或者向法院说明他不应被强制为该行为的理由。普通法诉讼上的第一个执行职务令〔mandamus〕就是一个可选择的令状,但在现代诉讼中这种令状通常不用,而代之以说明理由的命令〔order to show cause〕。

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fact finding

fact-finding. 1. The process of taking evidence to determine the truth about a disputed point of fact. 2. Int’l law. The gathering of information for purposes of international relations, including the peaceful settlement of disputes and the supervision of international agreements. • Examples of fact-finding include legislative tours and the acquisition of information required for

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private judging

private judging. A type of alternative dispute resolution whereby the parties hire a private individual to hear and decide a case. • This process may occur as a matter of contract between the parties or in connection with a statute authorizing such a process. — Also termed rent-a-judging. “In contrast [to arbitration], private judging is

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shelter

shelter, n. 1. A place of refuge providing safety from danger, attack, or observation. homeless shelter. A privately or publicly operated residential facility providing overnight accommodation free of charge to homeless people. • Most homeless shelters accept occupants on a first-come-first-served basis and are open only from early evening to early morning. Those that serve

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remittitur

remittitur (ri-mit-i-t[schwa]r). 1. An order awarding a new trial, or a damages amount lower than that awarded by the jury, and requiring the plaintiff to choose between those alternatives (the defendant sought a remittitur of the $100 million judgment). 2. The process by which a court requires either that the case be retried, or that

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restorative justice

restorative justice. An alternative delinquency sanction that focuses on repairing the harm done, meeting the victim’s needs, and holding the offender responsible for his or her actions. • Restorative-justice sanctions use a balanced approach, producing the least restrictive disposition while stressing the offender’s accountability and providing relief to the victim. The offender may be ordered

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mandamus

mandamus (man-day-m[schwa]s), n. [Latin “we command”] A writ issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. — Also termed writ of mandamus; mandate; (in BrE) order. [Cases: Mandamus 1. C.J.S. Mandamus §§ 2–6.] Pl. mandamuses. — mandamus, vb. alternative mandamus. A

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