sovereign, adj. (Of a state) characteristic of or endowed with supreme authority (sovereign nation) (sovereign immunity). sovereign, n. 1. A person, body, or state vested with independent and supreme authority. 2. The ruler of an independent state. — Also spelled sovran. See SOVEREIGNTY.
breaking-bulk doctrine. Hist. The rule that a bailee who had lawful possession of property delivered in bulk and wrongfully took the property committed larceny only if the bailee broke the container open and took part or all of the contents. • If the bailee wrongfully took the property without opening the container, the act was
breaking bulk doctrine Read More »
Garmon preemption. Labor law. A doctrine prohibiting state and local regulation of activities that are actually or arguably (1) protected by the National Labor Relations Act’s rules relating to the right of employees to organize and bargain collectively, or (2) prohibited by the National Labor Relations Act’s provision that governs unfair labor practices. San Diego
conflict preemptionsee obstacle preemption Read More »
notice pleading 告知诉答 只需作简洁、清楚的陈述，足以使对方当事人知晓自己的诉讼请求或答辩理由，而非对与诉讼请求或答辩理由相关的任何事实都作专门性描述〔technical account〕的诉答。美国《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕及在绝大多数州的民事诉讼中都采用此种诉答程序，但在一些复杂案件中也经常会要求当事人在诉答中对某些实质性的细节加以陈述。
The law governing the organization and operation of administrative agencies (including executive and independent agencies) and the relations of administrative agencies with the legislature, the execu-tive, the judiciary, and the public. • Administrative law is divided into three parts: (1) the statutes endowing agencies with powers and establishing rules of substantive law relating to those
administrative law Read More »
counteroffer n. 反要约 指进行磋商的双方当事人中的一方就对方提出的要约所发出的要约。附条件的承诺、在要约中增加内容或对要约内容进行任何实质性改变均被视为反要约。反要约导致对原要约的拒绝以及向要约人发出新要约的法律效果。这是由英美合同法中的「镜像规则」〔mirror-image rule〕所决定的。但是，根据美国《统一商法典》〔U.C.C.〕第2-207条的规定，在货物买卖合同中，承诺即使与原要约有所不同或对其有所补充，仍具有承诺的效力，补充条款应被解释为是对合同的补充建议。这一规定在实质上修改了前述原则。 v.反要约
An appeal that occurs before the trial court’s final ruling on the entire case. 28 USCA § 1292(b). • Some interlocutory appeals involve legal points necessary to the determination of the case, while others involve collateral orders that are wholly separate from the merits of the action. See INTERLOCUTORY APPEALS ACT; FINAL-JUDGMENT RULE. [Cases: Appeal
interlocutory appeal Read More »
parental-preference doctrine. The principle that custody of a minor child should ordinarily be granted to a fit parent rather than another person. • The preference can be rebutted by proof that the child’s best interests are to the contrary. — Also termed parental-rights doctrine; parental-superior-rights doctrine; parental-presumption rule. Cf. BEST INTERESTS OF THE CHILD. [Cases:
parental preference doctrine Read More »
doctrine of tenures. Hist. The rule that all land is held of the Crown, either directly or indirectly, on some type of tenure. • This doctrine answers the question of the manner in which an estate is held. — Also termed doctrine of tenure. Cf. DOCTRINE OF ESTATES.
doctrine of tenures Read More »
loophole. An ambiguity, omission, or exception (as in a law or other legal document) that provides a way to avoid a rule without violating its literal requirements; esp., a tax-code provision that allows a taxpayer to legally avoid or reduce income taxes.