A preferential vote that will migrate or “transfer” away from a candidate whom it will no longer help. • Under transferable voting, a candidate wins if his or her first-choice votes reach the number needed to win, or the “threshold.” If no candidate reaches the threshold, the least-preferred candidate is dropped and his or her […]
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drug abuse. The detrimental state produced by the repeated consumption of a narcotic or other potentially dangerous drug, other than as prescribed by a doctor to treat an illness or other medical condition. [Cases: Chemical Dependents 1; Controlled Substances 38. C.J.S. Chemical Dependents §§ 2–3.]
Criminal law. A test for insanity, holding that a person is not criminally responsible for an act if mental disease prevented that person from controlling potentially criminal conduct. • The few jurisdictions that have adopted this test have combined it with the McNaghten rules. — Also termed control test; volitional test. See INSANITY DEFENSE; MCNAGHTEN
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laws of Visby (vis-bee). A code of maritime customs and decisions adopted on the island of Gothland (in the Baltic Sea), where Visby was the principal port. • Most scholars believe that this code postdates the laws of Oléron. The code was influential throughout northern Europe. In recognition of the ancient code, the Visby Protocol
voidable preference (破产法)可撤销的优先权 指由破产人在破产程序开始前的最近某一段时期内向债权人所作的优先转让〔preferential transfer〕，可根据破产法而被撤销，从而允许破产财产受托人将该被转让的财产收回。根据美国《破产法》〔Bankruptcy Act〕，可撤销的优先转让发生于破产申请提交前90天之内或破产申请提交后1年内。 (→preferential transfer)
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undue influence. 1. The improper use of power or trust in a way that deprives a person of free will and substitutes another’s objective. • Consent to a contract, transaction, or relationship or to conduct is voidable if the consent is obtained through undue influence. — Also termed implied coercion; moral coercion. [Cases: Contracts 96.
exhibit list. 1. A pretrial filing that identifies by number and description the exhibits that a party intends to offer into evidence at trial. • Courts often require the exchange of exhibit lists before trial so that evidentiary disputes can be resolved with minimal disruption in the course of a jury trial. [Cases: Federal Civil
An agreement in which one party gives as consideration a promise that is so insubstantial as to impose no obligation. • The insubstantial promise renders the contract unenforceable. [Cases: Contracts 10. C.J.S. Contracts § 108.]
Smith Act. A 1948 federal antisedition law that criminalizes advocating the forcible or violent overthrow of the government. 18 USCA § 2385. [Cases: Insurrection and Sedition 1. C.J.S. Riot; Insurrection § 29.] “The Smith Act is aimed at the advocacy and teaching of concrete action for the forcible overthrow of the government, and not at
A confidential mediation session that a mediator holds with an individual party to elicit settle-ment offers and demands. • When separate caucuses are used, the mediator typically shuttles between the two (or more) sides of a dispute to communicate offers and demands. Formerly, ABA Model Rule of Professional Re-sponsibility 2.2 (governing when a lawyer could