arguendo (ahr-gyoo-en-doh). [Latin “in arguing”] 1. For the sake of argument ( assuming arguendo that discovery procedures were correctly followed, the court still cannot grant the defendant’s motion to dismiss). 2. During the course of argument (counsel mentioned arguendo that the case has been followed in three other decisions). — Abbr. arg.
annulment ([schwa]-n[schwa]l-m[schwa]nt), n. 1. The act of nullifying or making void; VOIDANCE. 2. A judicial or ecclesiastical declaration that a marriage is void. • An annulment establishes that the marital status never existed. So annulment and dissolution of marriage (or divorce) are fundamentally different: an annulment renders a marriage void from the beginning, while dissolution
reporter. 1. A person responsible for making and publishing a report; esp., a lawyer-consultant who prepares drafts of official or semi-official writings such as court rules or Restatements (the reporter to the Advisory Committee on Bankruptcy Rules explained the various amendments). [Cases: Reports 3. C.J.S. Reports §§ 10–13.] 2. REPORTER OF DECISIONS. 3. REPORT (3)
scalping, n. 1. The practice of selling something (esp. a ticket) at a price above face value once it becomes scarce (usu. just before a high-demand event begins). 2. The purchase of a security by an investment adviser before the adviser recommends that a customer buy the same security. • This practice is usu. considered
Monroe Doctrine. The principle that the United States will allow no intervention or domination by any non-American nation in the Western Hemisphere. • This principle, which has some recognition in international law (though not as a formal doctrine), was first announced by President James Monroe in 1823. “The Monroe doctrine is a policy which the
abatement ([schwa]-bayt-m[schwa]nt), n. 1. The act of eliminating or nullifying (abatement of a nuis-ance) (abatement of a writ). [C.J.S. Nuisances §§ 86–89.] 2. The suspension or defeat of a pending action for a reason unrelated to the merits of the claim (the defendant sought abatement of the suit because of misnomer). See plea in abatement
estate planning. 1. The preparation for the distribution and management of a person’s estate at death through the use of wills, trusts, insurance policies, and other arrangements, esp. to reduce administration costs and transfer-tax liability. [Cases: Wills 1–20. C.J.S. Conflict of Laws § 72; Wills§§ 1–3, 53–87, 93–95, 97–98, 103–104, 106–132, 172, 174, 381.] 2.
mortgage clause. An insurance-policy provision that protects the rights of a mortgagee when the insured property is subject to a mortgage. • Such a clause usu. provides that any insurance proceeds must be allocated between the named insured and the mortgagee “as their interests may appear.” — Also termed mortgagee clause. See LOSS-PAYABLE CLAUSE; ATIMA.
oath of juror 陪审员的宣誓 陪审员所作的宣誓，表示其将履行陪审员的义务，诚实而恰当地审理案件并依照法律和证据做出真实的裁断。如在英国刑事诉讼中，陪审员宣誓的誓词为：「我以万能的上帝的名义宣誓，我将诚实地审理被告人并根据证据作出真实的裁断」〔I swear by Almighty God that I will faithfully try the defendant(s) and give a true verdict(s) according to the evidence.〕。宣读誓词时陪审员右手持书，基督徒持《新约》，犹太教徒持《旧约》，伊斯兰教徒则持《古兰经》。
concur (k[schwa]n-k[schwa]r), vb. 1. To agree; to consent. 2. In a judicial opinion, to agree with the judgment in the case (usu. as expressed in the opinion of another judge), or the opinion of another judge, but often for different reasons or through a different line of reasoning. 3. (Of a house in a bicameral