bill of certiorari
bill of certiorari 调卷复审诉状 衡平法诉讼中，因下级法院没有管辖权或程序中有不公正之处而请求将案件移交给上级衡平法院审理的诉状。在美国，已在民事诉讼中采用《上诉程序规则》〔Rules of Appellate Procedure〕的司法区，此种做法已被上诉取代。
bill of certiorari Read More »
Search Results for: RULE, THE
home port doctrine
home-port doctrine. Maritime law. The rule mandating that a vessel engaged in interstate and foreign commerce is taxable only at its home port, usu. where the vessel is registered. [Cases: Taxation 98. C.J.S. Taxation §§ 153–157, 160, 283.]
home port doctrine Read More »
declarant
declarant (di-klair-[schwa]nt), n. 1. One who has made a statement (in accordance with the rules of evidence, the statement was offered to prove the declarant’s state of mind). 2. One who has signed a declaration, esp. one stating an intent to become a U.S. citizen (the declarant grew up in Italy). — declarant, adj.
multiple admissibility
The evidentiary rule that, although a piece of evidence is inadmissible under one rule for the purpose given in offering it, it is nevertheless admissible if relevant and offered for some other purpose not forbidden by the rules of evidence. [Cases: Criminal Law 385; Trial 54. C.J.S. Criminal Law §§ 656, 753; Trial § 179.]
multiple admissibility Read More »
administrative crime
An offense consisting of a violation of an administrative rule or regulation that carries with it a criminal sanction.
administrative crime Read More »
adversary proceeding
adversary proceeding. 1. A hearing involving a dispute between opposing parties (Judge Adams presided over the adversary proceeding between the landlord and tenant). 2. Bankruptcy. A lawsuit that is brought within a bankruptcy proceeding, governed by special procedural rules, and based on conflicting claims usu. between the debtor (or the trustee) and a creditor or
adversary proceeding Read More »
feres doctrine
Feres doctrine (feer-is orfeer-eez or fer-ez).Torts. The rule that a member of the military is barred from recovering damages from the United States on a claim brought under the Federal Tort Claims Act for injuries sustained in military service. Feres v. United States, 340 U.S. 135, 71 S.Ct. 153 (1950). — Also termed Feres rule.
opinion evidence
A witness’s belief, thought, inference, or conclusion concerning a fact or facts. Fed. R. Evid. 701–705. See OPINION(3); OPINION RULE. [Cases: Criminal Law 448; Evidence 470–574. C.J.S. Criminal Law § 1050; Evidence §§ 223, 509–759, 800–812; Executions § 435.]
parol contract
parol contract (1)口头合同 指以口头形式或者部分以口头形式达成的合同。亦作「oral contract」、「parol agreement」。与之同义的verbal contract则仅在非严格意义上使用。 (2)简单合同；简单契约 在普通法中，指虽以书面形式作成但未封印的合同。亦称为「非要式合同」〔informal contract〕或写作「simple contract」。(→parol evidence rule)
general appearance
general appearance 一般应诉 与特别应诉〔special appearance〕相对。当事人的到庭应诉表明接受法院对案件的管辖，对法院的某些失误，诸如缺少有效的传票、传票未按时送达等，不再提出异议。目前在美国联邦法院及采用《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕的州法院中，一般应诉与特别应诉均已不用。 (→appearance)
general appearance Read More »