liberi (lib-[schwa]r-I), n. pl.[Latin] Roman law. 1. Children. 2. Descendants. • In the praetorian rules of intestate succession, liberi were the first rank of claimants, comprising the sui heredes of the Twelve Tables, and some others, such as emancipated children. Cf. LEGITIMI HEREDES.
war. 1. Hostile conflict by means of armed forces, carried on between nations, states, or rulers, or sometimes between parties within the same nation or state; a period of such conflict (the Gulf War). • A state of war may also exist without armed conflict; for example, the treaty formally ending the World War II
Calvo doctrine. Int’l law. The rule that resident aliens have the same rights to protection as citizens, but no more. • This doctrine, which sought to establish a minimum international standard for the treatment of aliens, was developed by the Argentinian jurist Carlos Calvo in his treatise Le droit international théorique et pratique (5th ed.
pursuant to. 1. In compliance with; in accordance with; under (she filed the motion pursuant to the court’s order). 2. As authorized by; under (pursuant to Rule 56, the plaintiff moves for summary judgment). 3. In carrying out ( pursuant to his responsibilities, he ensured that all lights had been turned out).
distinguishing n. 识别 指将引作判例的案件和正在审理的案件之间在事实和法律要点上的区别予以指明的一种技巧。问题的实质在于这一区别是否为实质性的或者具有重大意义的，从而排除该项判例的适用，对本案作出完全不同的判决。如果该判例被认为是可识别时，则无论这一判例出自哪一级别的法院，对审理案件的法院均不予适用，但是它仍然具有说服力〔persuasive〕。因此，识别常常成为法官认为其不应或不愿受判例约束时所求助的一种手段。但如果某一判例被认为是不可识别时，后来的法院应依据遵循先例原则〔rules of stare decisis〕受其约束。
commercial law. 1. The substantive law dealing with the sale and distribution of goods, the financing of credit transactions on the security of the goods sold, and negotiable instruments. • Most American commercial law is governed by the Uniform Commercial Code. — Also termed mercantile law. “Although the term commercial law is not a term
litigant. A party to a lawsuit. institutional litigant. See INSTITUTIONAL LITIGANT. vexatious litigant. A litigant who repeatedly files frivolous lawsuits. • Many jurisdictions have statutes or local rules requiring a vexatious litigant to obtain the court’s permission to file any further lawsuits or pleadings.
patent-exhaustion doctrine. Patents. The rule that the unconditioned sale of a patented article ends the patentee’s monopoly right to control its use. • That control may still be exercised by limitations in a contract or license, as long as it does not amount to anticompetitive patent misuse. Adams v. Burke, 84 U.S. (17 Wall.) 453
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commingling (k[schwa]-ming-gling), n. A mixing together; esp., a fiduciary’s mixing of personal funds with those of a beneficiary or client. • Commingling is usu. considered a breach of the fiduciary relationship. Under the Model Rules of Professional Conduct, a lawyer is prohibited from commingling personal funds with those of a client. — Also spelled comingling.
conflict of interest. 1. A real or seeming incompatibility between one’s private interests and one’s public or fi-duciary duties. 2. A real or seeming incompatibility between the interests of two of a lawyer’s clients, such that the lawyer is disqualified from representing both clients if the dual representation adversely affects either client or if the
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