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King can do no wrong.

King can do no wrong. 〈英〉国王不为非。或:国王无过。表达一项古老的法律原则的格言。此原则是主权豁免原则〔rule of Sovereign Immunity〕的基础,意指国王作为国家法律结构的最高层,不对其作为或不作为的任何事项承担法律责任,不能在国王即他自己的法院里被诉,不受自己僱员的裁判。自然,这并不意味着政府所作的一切都是正当合法的,只是指凡在公共事务中的不利事项皆不可归咎于国王。国王不为非的原则在英国1947年通过《王权诉讼法》〔Crown Proceedings Act〕后有很大改变。该法规定国王根据契约和由于其僱员或代理人所犯的特定侵权行为,应与公民个人一样承担责任。国王豁免〔Crown Immunity〕原则在较早的苏格兰法中是不被接受的,但随后也认可了这一英格兰原则。 (→sovereign immunity; sovereignty; Crown Proceedings)

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circuity of action

A procedure allowing duplicative lawsuits, leading to unnecessarily lengthy and indirect liti-gation, as when a defendant fails to bring a counterclaim, but later brings a separate action to recover what could have been awarded in the original lawsuit. • Civil-procedure rules have eliminated many problems associated with circuity of action. [Cases: Equity 52. C.J.S. Equity

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mobilia

mobilia (moh-bil-ee-[schwa]), n. pl.[Latin “movables”] Roman law. Movable things. • The term primarily refers to inanimate objects but sometimes also refers to slaves and animals. MOBILIA SEQUUNTUR PERSONAM mobilia sequuntur personam (moh-bil-ee-[schwa] si-kw[schwa]n-t[schwa]r p[schwa]r-soh-n[schwa]m). [Latin] Int’l law. Movables follow the person — i.e., the law of the person. • This is the general principle that

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mining claim

A parcel of land that contains precious metal in its soil or rock and that is appropriated by a person according to established rules and customs known as the process of location. See LOCATION(4), (5). [Cases: Mines and Minerals 13, 28. C.J.S. Mines and Minerals §§ 35, 65.]

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in order

in order. 1. Ready for business (the meeting is in order). 2. Available and appropriate for consideration under the applicable rules (the motion is in order). Cf. OUT OF ORDER(1).

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ex aequo et bono

ex aequo et bono (eks ee-kwoh et boh-noh). [Latin] According to what is equitable and good. • A decision-maker (esp. in international law) who is authorized to decide ex aequo et bono is not bound by legal rules and may instead follow equitable principles. For example, article 38(2) of the Statute of the International Court

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record

record, n. 1. A documentary account of past events, usu. designed to memorialize those events. 2. Information that is inscribed on a tangible medium or that, having been stored in an electronic or other medium, is retrievable in perceivable form. UCC § 5-102(14). 3. MINUTES(2). 4. The official report of the proceedings in a case,

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