general appearance
general appearance 一般应诉 与特别应诉〔special appearance〕相对。当事人的到庭应诉表明接受法院对案件的管辖，对法院的某些失误，诸如缺少有效的传票、传票未按时送达等，不再提出异议。目前在美国联邦法院及采用《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕的州法院中，一般应诉与特别应诉均已不用。 (→appearance)
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Search Results for: general appearance
general appearance
A general-purpose appearance that waives a party’s ability later to dispute the court’s au-thority to enter a binding judgment against him or her. [Cases: Appearance 8(1), 19(1); Federal Civil Pro-cedure 566. C.J.S. Appearances §§ 6, 13, 18–19, 21–22, 24, 30, 34, 39, 53.]
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special appearance
special appearance 特别应诉 指目的仅为对法院的管辖权提出异议的应诉。目前，美国《联邦民事诉讼规则》〔Fed. R.Civil P.〕及采用该规则的州已废除了此种应诉，对于法院管辖权的异议可以在诉答程序或审前申请中提出。 (→general appearance)
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mysterious disappearance
mysterious disappearance. A loss of property under unknown or baffling circumstances that are difficult to understand or explain. • The term is used in insurance policies covering theft. [Cases: Insurance 2152.] “Under a policy insuring against loss of property by ‘mysterious disappearance’ recovery is generally allowed where the article disappears from the place the insured
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consent jurisdiction
Jurisdiction that parties have agreed to, either by accord, by contract, or by general appearance. • Parties may not, by agreement, confer subject-matter jurisdiction on a federal court that would not otherwise have it. [Cases: Courts 22. C.J.S. Courts § 61.]
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maintain
maintain, vb. 1. To continue (something). 2. To continue in possession of (property, etc.). 3. To assert (a position or opinion); to uphold (a position or opinion) in argument. 4. To care for (property) for purposes of operation productivity or appearance; to engage in general repair and upkeep. 5. To support (someone) financially; esp., to
intoxication
intoxication, n. A diminished ability to act with full mental and physical capabilities because of alcohol or drug consumption; drunkenness. See Model Penal Code § 2.08. [Cases: Criminal Law 52–57; Homicide 821; Negligence 239, 535(14). C.J.S. Criminal Law §§ 109–113; Negligence §§ 128–129, 252.] — intoxicate, vb. culpable intoxication. See voluntary intoxication. involuntary intoxication. The
days in bank
days in bank. Particular days set aside by the Court of Common Pleas for specific matters, including the appearance of parties and service of process. — Also termed dies in banco. “There are in each of these terms stated days called days in bank, dies in banco; that is, days of appearance in the court
improvement
improvement. An addition to real property, whether permanent or not; esp., one that increases its value or utility or that enhances its appearance. — Also termed land improvement. Cf. FIXTURE. [Cases: Improvements 1. C.J.S. Improvements §§ 2, 4.] beneficial improvement. See valuable improvement. general improvement. An improvement whose primary purpose or effect is to benefit