ex delicto
ex delicto 〈拉〉由于侵权；源自侵权 不论大陆法还是普通法，诉因都分为「由于合同」〔ex contractu〕和「由于侵权」〔ex delicto〕两种。违反合同义务产生的诉因，形成因合同引起的诉讼；违反合同外义务产生的诉因，形成因侵权行为引起的诉讼，如侵害之诉〔trespass〕、动产侵占之诉〔trover〕、返还原物之诉〔replevin〕。
Search Results for: TROVER
nexum
nexum (nek-s[schwa]m), n. [Latin] Roman law. A transaction or practice of early Roman law under which a debtor, upon a failure to repay the debt, could be seized and held in bondage until the debt was repaid. • This practice was allowed in very early Roman law. “Nexum. This highly controversial matter will be briefly
summary proceeding
A nonjury proceeding that settles a controversy or disposes of a case in a relatively prompt and simple manner. — Also termed summary trial. Cf. plenary action under ACTION(4).
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legal science
legal science. The field of study that, as one of the social sciences, deals with the institutions and principles that particular societies have developed (1) for defining the claims and liabilities of persons against one another in various circumstances, and (2) for peaceably resolving disputes and controversies in accordance with principles accepted as fair and
invasion
invasion. 1. A hostile or forcible encroachment on the rights of another. intentional invasion. A hostile or forcible encroachment on another’s interest in the use or enjoyment of property, esp. real property, though not necessarily inspired by malice or ill will. 2. The incursion of an army for conquest or plunder. 3. Trusts. A withdrawal
legal certainty test
legal-certainty test. Civil procedure. A test designed to determine whether the amount in controversy satisfies the minimum needed to establish the court’s jurisdiction. • The amount claimed in the complaint will control unless there is a “legal certainty” that the claim is actually less than the minimum amount. See AMOUNT IN CONTROVERSY. [Cases: Federal Courts
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wasting trust
A trust in which the trust property is gradually depleted by periodic payments to the beneficiary. [Cases: Trusts 61(5). C.J.S. Trover and Conversion § 127.]
local law
local law. 1. A statute that relates to or operates in a particular locality rather than the entire state. 2. A statute that applies to particular persons or things rather than an entire class of persons or things. — Also termed (in senses 1 & 2) local act; local statute. [Cases: Statutes 76–104. C.J.S. Statutes
without prejudice
without prejudice 不影响实体权利的 指当事人的法律权利或特权未受损害或丧失。「不影响实体权利」出现在判决或裁定中，表明法院的裁判对争议的实质〔merits of the controversy〕没有既判力。当事人就同一争议以后还可以再次争讼。 (→dismissal without prejudice)
public figure
A person who has achieved fame or notoriety or who has voluntarily become involved in a public controversy. • A public figure (or public official) suing for defamation must prove that the defendant acted with actual malice. New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710 (1964). — Also termed public character.