The conflict between the terms of standard forms exchanged between a buyer and a seller during contract negotiations. • In its original version, UCC § 2-207 attempted to resolve battles of the forms by abandoning the common-law requirement of mirror-image acceptance and providing that a definite expression of acceptance may create a contract for the […]
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collegium (k[schwa]-lee-jee-[schwa]m), n. [Latin] Roman law. An association of at least three people having the right to assemble and enact rules concerning membership, organization, and the rights and duties of members. • Collegia were formed for professional, cultural, charitable, and religious purposes. Pl. collegia. collegium illicitum (k[schwa]-lee-jee-[schwa]m i-lis-[schwa]-t[schwa]m). A collegium that either is not sanctioned
The qualified privilege that a government can invoke to prevent disclosure of the identity and communications of its informants. • In exercising its power to formulate evidentiary rules for federal criminal cases, the U.S. Supreme Court has consistently declined to hold that the government must disclose the identity of informants in a preliminary hearing or
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The political theory that the sovereign is a direct representative of God and has the right to rule absolutely by virtue of birth.
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denial n. (1)拒绝；驳回 如拒绝给予正当程序保护；驳回当事人的申请等。 (2)否认；反驳 在诉讼中，指宣称对方当事人的肯定性主张是不成立的或不真实的。根据美国《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕：凡未被否认的主张被视为承认，且一方当事人所作的说明对方不具有足够的知识和信息以使人形成对某主张的真实性的确信的陈述，即视为对该主张的否认。当事人作否认答辩时必须充分说明其否认哪些主张或主张的哪些部分。 (→general denial；specific denial)
after-acquired property. 1. Secured transactions. A debtor’s property that is acquired after a security transaction and becomes additional security for payment of the debt. UCC § 9-204. — Also termed future-acquired property. [Cases: Secured Transactions 13, 116. C.J.S. Secured Transactions §§ 12, 85.] 2. Bankruptcy. Property that the bankruptcy estate acquires after commencement of the
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contingent fee contract (律师)成功酬金合同；胜诉分成合同 律师与当事人之间达成的协议，协议规定：如案件败诉，律师不得收取费用；如案件胜诉，律师在所得赔偿金中按一定比例收取费用。这种合同在英格兰是非法的。在美国，在某种情况下，例如在刑事案件和离婚案件中订立这种合同也是非法的，因为其违反公序良俗(参见全美律师协会《模范律师职业行为规则》〔ABA, Model Rules of Professional Conduct〕)。在人身伤害案件中，律师大多采用这种方式收取律师费，如案件在诉讼前和解解决的，按1/3提成收费；如案件经过艰难的诉讼而解决，则分成比例高达40%。由于律师与当事人之间潜在的利益差异，因此，当通过诉讼无法寻求可能的其他赔偿金时，律师便会力劝其当事人接受保险人的保险赔偿，即使其数额极低。由于律师费是按赔偿金总额分成的，因此，在当事人支付全部诉讼费用后，律师费可能还会高于当事人赔偿所得，这是这种合同的最大弊端。
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parliamentary manual. A code or reference, usu. a commercially published book, that contains parliamentary rules and is offered for adoption by organizations as their parliamentary authority. • The leading parliamentary manuals in print in the United States are Robert’s Rules of Order Newly Revised for nonlegislative bodies, and Mason’s Manual of Legislative Procedure for state
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caselaw. The law to be found in the collection of reported cases that form all or part of the body of law within a given jurisdiction. — Also written case law; caselaw. — Also termed decisional law; adjudicative law; juri-sprudence; organic law. “Case law in some form and to some extent is found wherever there
spousal-unity doctrine. Hist. 1. Family law. The common-law rule that a husband and wife were a legal unity. • Under the spousal-unity doctrine, the husband had all rights to the possession, management, control, and alienation of property. The wife had no interests in property. — Also termed doctrine of spousal unity. See MARRIED WOMEN’S PROPERTY
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