divided-damages rule. Maritime law. The obsolete principle that when two parties are jointly liable to a third party for a tort, each party is liable for only half the damages. • The courts now apply a comparative-negligence standard. [Cases: Collision 143. C.J.S. Collision §§ 242, 245, 259, 261–262.] “For over a hundred years admiralty law […]
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A tax levied on the transfer of property by will or intestate succession to a person other than the spouse, a parent, or a descendant of the decedent. Cf. legacy tax. [Cases: Taxation 856.1. C.J.S. Taxation §§ 1783–1785, 1792.]
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decenary. Hist. A town or district consisting of ten freeholding families. • A freeholder of the decenary (a decennarius) was bound by frankpledge to produce any wrongdoer living in the decenary. — Also spelled decennary. — Also termed decenna; tithing. Cf. FRANKPLEDGE. “The civil division of the territory of England is into counties, of those
attempt to attempt. A first step made toward a criminal attempt of some sort, such as a failed effort to mail someone a note inciting that person to engage in criminal conduct. • As a general rule, courts do not recognize an attempt to commit a crime that is itself an attempt. But some jurisdictions
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A wrong in which the mens rea amounts to intention, purpose, or design. — Also termed willful wrong.
claims-consciousness, n. The quality characterizing a legal culture in which people have firm expectations of justice and are willing to take concrete steps to see that justice is done (claims-consciousness in the United States has resulted from certain social changes, not from any character deficiency). — Also termed rights-consciousness. — claims-conscious, adj.
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raider n. 〈美〉突击收购者 指个人或公司为取得目标公司的控制权而收购该公司达到控制权的股票，并建立新的管理体制。根据《威廉姆斯法》〔Williams Act〕的规定，凡累计持有目标公司公开发行股票的5%或5%以上的收购者必须公开报告其购买行为。(→corporate raider)
pyramid scheme. A property-distribution scheme in which a participant pays for the chance to receive compensation for introducing new persons to the scheme, as well as for when those new persons themselves introduce participants. • Pyramid schemes are illegal in most states. — Also termed endless-chain scheme; chain-referral scheme; multilevel-distribution program; pyramid distribution plan. Cf.
A balancing test for determining whether conduct has created an unreasonable risk of harm, first formulated by Judge Learned Hand in United States v. Carroll Towing Co., 159 F.2d 169 (2d Cir. 1947). • Under this test, an actor is negligent if the burden of taking adequate precautions against the harm is outweighed by the
draw, vb. 1. To create and sign (a draft) (draw a check to purchase goods). 2. To prepare or frame (a legal document) (draw up a will). 3. To take out (money) from a bank, treasury, or depository (she drew $6,000 from her account). 4. To select (a jury) (the lawyers began voir dire and