postdate
postdate, vb. To put a date on (an instrument, such as a check) that is later than the actual date. Cf. ANTEDATE; BACKDATE. [Cases: Bills and Notes 8. C.J.S. Bills and Notes; Letters of Credit§ 14.]
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malpractice
malpractice (mal-prak-tis). An instance of negligence or incompetence on the part of a professional. • To succeed in a malpractice claim, a plaintiff must also prove proximate cause and damages. — Also termed professional negligence. [Cases: Negligence 321. C.J.S. Negligence § 162.] legal malpractice. A lawyer’s failure to render professional services with the skill, prudence,
undue burden test
undue-burden test. Constitutional law. The Supreme Court test stating that a law regulating abortion will be struck down if it places a substantial obstacle in the path of a woman’s right to obtain an abortion. • This test replaced the “trimester analysis,” set forth in Roe v. Wade, in which the state’s ability to restrict
specific legatee
The recipient, under a will, of designated property that is transferred by the owner’s death. [Cases: Wills 753, 754. C.J.S. Wills §§ 1662, 1666–1677, 1679–1683.]
Equity never aids contention where it can give a remedy.
Equity never aids contention where it can give a remedy. 在能提供救济时，衡平法绝不帮助对抗。 其拉丁文形式为aequitas nunquam liti ancillatur ubi remedium potest dare。
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self proving affidavit
An affidavit attached to a will and signed by the testator and witnesses certifying that the statutory requirements of due execution of the will have been complied with. • The affidavit, which recites the facts of the will’s proper execution, permits the will to be probated without the necessity of having the witnesses appear and
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commencement of suit in equity
commencement of suit in equity 衡平法上诉讼的开始 诉讼从向法院提交起诉状〔bill or complaint〕开始。 (→commencement of action)
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bylaw
bylaw [fr. Danish bye, Old Norse byr, “town”] 1. Parliamentary law. (usu. pl.) A rule or administrative provision adopted by an organization for its internal governance and its external dealings. • Although the bylaws may be an organization’s most authoritative governing document, they are subordinate to a charter or articles of incorporation or association or
malice aforethought
malice aforethought. The requisite mental state for common-law murder, encompassing any one of the following: (1) the intent to kill, (2) the intent to inflict grievous bodily harm, (3) extremely reckless indifference to the value of human life (the so-called abandoned and malignant heart), or (4) the intent to commit a dangerous felony (which leads
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