doctrine of revestment. A rule by which a court regains jurisdiction after the entry of final judgment when the former opposing parties have actively participated in proceedings inconsistent with the court’s judgment. [Cases: Courts 30. C.J.S. Courts §§ 71–73.]
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regent. 1. A person who exercises the ruling power in a kingdom during the minority, absence, or other disability of the sovereign. 2. A governor or ruler. 3. A member of the governing board of an academic institution, esp. a state university. 4. Eccles. law. A master or professor of a college.
Criminal law. The absence of one or more procedural or legal bases to support the sentence given to a defendant. • In the context of a petition for writ of habeas corpus or other attack on the sentence, legal innocence is often contrasted with actual innocence. Actual innocence, which focuses on the facts underlying the
bring suit 起诉 指开始一案件的诉讼程序。在美国联邦及大多数州法院，民事诉讼从原告向法院递交起诉状〔complaint〕时开始。在《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕中，suit一词已由action取代。
dignity, n. 1. The state of being noble; the state of being dignified. 2. An elevated title or position. 3. A person holding an elevated title; a dignitary. 4. A right to hold a title of nobility, which may be hereditary or for life. “Dignities may be hereditary, such as peerages …, or for life,
hearsay. 1. Traditionally, testimony that is given by a witness who relates not what he or she knows personally, but what others have said, and that is therefore dependent on the credibility of someone other than the witness. • Such testimony is generally inadmissible under the rules of evidence. 2. In federal law, a statement
per incuriam (p[schwa]r in-kyoor-ee-[schwa]m), adj. (Of a judicial decision) wrongly decided, usu. because the judge or judges were ill-informed about the applicable law. “There is at least one exception to the rule of stare decisis. I refer to judgments rendered per incuriam. A judgment per incuriam is one which has been rendered inadvertently. Two examples
departure, n. 1. A deviation or divergence from a standard rule, regulation, measurement, or course of conduct (an impermissible departure from sentencing guidelines). downward departure. In the federal sentencing guidelines, a court’s imposition of a sentence more lenient than the standard guidelines propose, as when the court concludes that a criminal’s history is less serious
speedy execution 快速执行令 在美国，指根据案件承审法官的指令而立即签发的，或在法官审结案件后为快速执行目的而确定的某一较早日期即签发的执行令。在英国，根据1852年《普通法诉讼程序法》〔Common Law Procedure Act〕，胜诉原告要到作出裁决14天后才有权申请签发执行令，但若法官指令在早于该期间的时间签发执行令，即为快速执行。现在，对裁判的立即执行〔immediate execution〕是法律确定的原则〔rule〕。