emperor. 1. The title of the sovereign ruler of an empire. 2. The chief of a confederation of states of which kings are members. • The rulers of the Roman world adopted the designation emperor after the fall of the republic. The title was later assumed by those — including Napoleon — who claimed to […]
ownership-in-place theory. Oil & gas. A characterization of oil-and-gas rights used in a majority of jurisdictions, holding that the owner has the right to present possession of the oil and gas in place as well as the right to use the land surface to search, develop, and produce from the property, but that the interest
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definitio (def-[schwa]-nish-ee-oh), n. [fr. Latin definire “definition”] Civil law. 1. A definition; an explanation of something. 2. The establishment of a general rule. 3. A boundary. Pl. definitiones.
civil procedure. 1. The body of law — usu. rules enacted by the legislature or courts — governing the methods and practices used in civil litigation. • An example is the Federal Rules of Civil Procedure. 2. A particular method or practice used in carrying on civil litigation.
jus sanguinis (j[schwa]s sang-gw[schwa]-nis), n. [Latin “right of blood”] The rule that a child’s citizenship is determined by the parents’ citizenship. • Most nations follow this rule. Cf. JUS SOLI.
Uniform Probate Code. A 1969 model statute that modernizes the rules and doctrines governing intestate succession, probate, and the administration of estates. • It has been extensively amended many times since 1969 and has been enacted in a majority of states. — Abbr. UPC.
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master, n. 1. One who has personal authority over another’s services; specif., a principal who employs another to perform one or more services and who controls or has the right to control the physical conduct of the other in the performance of the services; EMPLOYER (the law of master and servant). [Cases: Master and Servant
Miranda hearing (m[schwa]-ran-d[schwa]). A pretrial proceeding held to determine whether the Miranda rule has been followed and thus whether the prosecutor may introduce into evidence the defendant’s statements to the police made after arrest. See MIRANDA RULE. [Cases: Criminal Law 414. C.J.S. Criminal Law §§ 932–935, 937–941.]
appealable order 可上诉的裁决 指可以受到上诉审查的终局裁决或指令、裁定，区别于中间裁决〔interlocutory order〕，对后者通常要到案件经过庭审并作出判决后才可提出上诉。如根据美国《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕，对驳回申请简易判决的裁决不可上诉，而对同意该申请的裁决即可以上诉。
cure by verdict 通过(作出)裁决而纠正 指普通法诉讼中，以作出裁决来使得当事人诉状中的瑕疵得到纠正或使之无效。法庭在作出裁决后，即推定当事人诉状中所忽略的或陈述有缺陷的特定事项均已在审理中得到了恰当的证明。所以美国的《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕规定，允许当事人在法庭作出裁决后对诉状进行修改，以使之与案件证据相一致。