Daubert test. A method that federal district courts use to determine whether expert testimony is admissible under Federal Rule of Evidence 702, which generally requires that expert testimony consist of scientific, technical, or other specialized knowledge that will assist the fact-finder in understanding the evidence or determining a fact in issue. • In its role […]
vi et armis (vI et ahr-mis). [Latin] Hist. By or with force and arms. See trespass vi et armis under TRESPASS. “The words ‘with force and arms,’ anciently ‘vi et armis,’ were, by the common law, necessary in indictments for offences which amount to an actual disturbance of the peace, or consist, in any way,
The evidentiary rule that when a piece of evidence is not itself admissible, but is ad-missible if certain other facts make it relevant, the evidence becomes admissible on condition that counsel later introduce the connecting facts. • If counsel does not satisfy this condition, the opponent is entitled to have the conditionally admitted piece of
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A land area zoned for a single-community subdivision with flexible restrictions on residential, commercial, and public uses. — Abbr. PUD. Cf. RESIDENTIAL CLUSTER. [Cases: Zoning and Planning 245.C.J.S. Zoning and Land Planning § 101.]
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affects doctrine. Constitutional law. The principle allowing Congress to regulate intrastate activities that have a substantial effect on interstate commerce. • The doctrine is so called because the test is whether a given activity “affects” interstate commerce. — Also termed effects doctrine or (erroneously) affectation doctrine. [Cases: Commerce 7(2). C.J.S. Commerce § 6.]
parliamentary government 议会制政体；议会制政府 以议会为中心的政治体制，其主要特征是议会由民选代表组成，行政首脑从议会中产生，单独或集体地向议会负责，并通过议会向全社会负责。议会政体不同于总统制政体〔presidential government〕，总统制政体中行政首脑为非议会成员，不对议会负责。英国和历史较久的英联邦国家是议会制政府的主要范例。
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treating-physician rule. The principle that a treating physician’s diagnoses and findings about the degree of a social-security claimant’s impairment are binding on an administrative-law judge in the absence of substantial contrary evidence. [Cases: Social Security and Public Welfare 143.65. C.J.S. Social Security and Public Welfare § 71.]
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A mark that satisfies all the elements of a common-law trademark. • The essential elements of a technical trademark are as follows: (1) its use to designate a commercial source would not interfere with anyone else’s right to use the mark; (2) it must primarily identify the source, rather than the product’s category or grade
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accidentalia (ak-si-den-tay-lee-[schwa]). [Law Latin “accidental things”] Hist. Incidents of a contract; non-essential contractual terms to which the parties expressly stipulate. Cf. ESSENTALIA. “Accidentalia have their existence entirely by express stipulation, and are never presumed without it.” William Bell, Bell’s Dictionary and Digest of the Law of Scotland 406 (George Watson ed., 7th ed. 1890).
Life insurance taken out by a company on an essential or valuable employee, with the company as beneficiary. — Also termed key-employee insurance; key-man insurance; key-person insurance; key-executive insurance.
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