A committee formed to make suggestions to some other body or to an official; esp., any one of five committees that propose to the Standing Committee on Rules of Practice and Procedure amendments to federal court rules, the five committees being responsible for appellate, bankruptcy, civil, criminal, and evidence rules. [Cases: Federal Civil Procedure 31.]
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sealed instrument. At common law and under some statutes, an instrument to which the bound party has affixed a personal seal, usu. recognized as providing indisputable evidence of the validity of the underlying obligations. • The common-law distinction between sealed and unsealed instruments has been abolished by many states, and the UCC provides that the
Roman law. The legal system of the ancient Romans, forming the basis of the modern civil law; CIVIL LAW(1). “The Roman law is the body of rules that governed the social relations of many peoples in Europe, Asia, and Africa for some period between the earliest prehistoric times and 1453 A.D. This date should perhaps
discretion (di-skresh-[schwa]n). 1. Wise conduct and management; cautious discernment; prudence. 2. Individual judgment; the power of free decision-making. sole discretion. An individual’s power to make decisions without anyone else’s advice or consent. 3. Criminal & tort law. The capacity to distinguish between right and wrong, sufficient to make a person responsible for his or her
dismissal n. (1)终结诉讼；撤诉；驳回起诉 指未经进一步的审理，尤其是在对所涉争议事项开庭审理之前终结诉讼或撤回请求。若原告在诉讼中未能维持其起诉，法庭可以驳回其起诉；在原告举证之后，被告可以原告无救济请求权为由申请法庭驳回原告的起诉。这两种情形称为强制性驳回起诉〔involuntary dismissal〕。起诉被驳回后，一般禁止原告就同一请求再次起诉。如果是原告主动撤回其诉讼请求的，称为自愿撤诉〔voluntary dismissal〕。美国《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕规定在被告提交答辩或申请法庭作出简易判决前，原告可以撤诉而不需法庭作出裁定。作出此种撤诉后，原告仍可再次起诉。在刑事诉讼中，指控诉方撤回其公诉或指控。如美国《联邦刑事诉讼规则》〔Federal Rules of Criminal Procedure〕规定，检察官经过法庭许可，可以撤回其公诉或指控；如果控诉方在诉讼中有不必要的拖延，法庭也可以驳回起诉。 (2)撤诉申请书 (3)解雇；免职 (4)(军事法)开除 军事法庭所作的将军职人员开除出部队的一种处罚。
involuntary manslaughter 过失杀人罪 非预谋杀人罪〔manslaughter〕的一种类型，与非预谋故意杀人罪〔voluntary manslaughter〕相对。指没有杀人或重伤的故意但出于犯罪性疏忽〔criminal negligence〕或在实行不包括在重罪-谋杀规则〔felony-murder rule〕之内的重罪的过程中造成他人死亡的行为。
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fellow servant. A coworker having the same employer; esp., an employee who is so closely related to another employee’s work that there is a special risk of harm if either one is negligent. See FELLOW-SERVANT RULE; DIFFERENT-DEPARTMENT RULE E. superior fellow servant. A worker that has the power of control or direction over a coworker.
droit d’accession (drwah dak-ses-syawn), n. [French “right of accession”] Civil law. The right of the owner of a thing to whatever is produced by it or is united with it, either naturally or artificially. La. Civ. Code arts. 483, 490, 507. • The equivalent of the Roman specificatio, the right includes, for example, the right
buried-facts doctrine. Securities. The rule that a proxy-statement disclosure is inadequate if a reasonable shareholder could fail to understand the risks presented by facts scattered throughout the proxy. • In applying this rule, a court will consider a securities disclosure to be false and misleading if its overall significance is obscured because material information is
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An objection that questions the form of the pleading and states specifically the nature of the objection, such as that the pleading violates the rules of pleading or practice. [Cases: Pleading 206. C.J.S. Pleading § 233.]