spes successionis (speez s[schwa]k-sesh-ee-oh-nis). [Latin “hope of succession”] Hope of succeeding to a right. “A mere spes successionis must be distinguished from a contingent right. If Matilda has nursed her invalid friend for thirty years, she may have every hope of succeeding to the property, but she has no right.” George Whitecross Paton, A Textbook […]
curtilage (k[schwa]r-t[schwa]-lij). The land or yard adjoining a house, usu. within an enclosure. • Under the Fourth Amendment, the curtilage is an area usu. protected from warrantless searches. — Also termed (in Latin) curtillium. See OPEN-FIELDS DOCTRINE. Cf. MESSUAGE. [Cases: Searches and Seizures 27. C.J.S. Searches and Seizures §§ 36, 71.]
Brown decision 〈美〉布朗案判决 最高法院在布朗诉托皮卡教育委员会〔Brown v.Board of Education of Topeka〕一案中所作的判决。该判决宣布在公立学校中实行种族隔离违反美国宪法第十四条修正案的平等保护条款〔equal protection clause〕。(→separate but equal doctrine)
secondary meaning. Intellectual property. A special sense that a trademark or tradename for a business, goods, or services has acquired even though the trademark or tradename was not originally protectable. • The term does not refer to a subordinate or rare meaning, but rather to a later meaning that has been added to the original
negotiorum gestor (ni-goh-shee-or-[schwa]m jes-tor), n. [Latin “a manager of another’s affairs”] Roman & civil law. A person who acts without authority to protect another person’s interests, in the reasonable belief that the owner would approve the action if made aware of the circumstances. La. Civ. Code art. 2292. • The actor has a claim to
false advertising, n. 1. The tortious and sometimes criminal act of distributing an advertisement that is untrue, deceptive, or misleading; esp., under the Lanham Trademark Act, an advertising statement that tends to mislead consumers about the characteristics, quality, or geographic origin of one’s own or someone else’s goods, services, or commercial activity. • Under §
Defamation. The privilege protecting any statement made in the course of and with reference to a judicial proceeding by any judge, juror, party, witness, or advocate. — Also termed courtroom privilege. [Cases: Libel and Slander 38. C.J.S. Libel and Slander; Injurious Falsehood § 71.]
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Family law. A court’s ability to take jurisdiction of a child who is physically present in the state when that child has been abandoned or when necessary to protect the child from abuse. • Section 3(a)(3) of the Uniform Child Custody Jurisdiction Act allows for emergency jurisdiction. It is usu. temporary, lasting only as long
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abarnare (ab-ahr-nair-ee), vb. [Law Latin] Hist. To detect or disclose a secret crime; to bring to judgment.
exemption clause. A contractual provision providing that a party will not be liable for damages for which that party would otherwise have ordinarily been liable. Cf. EXCEPTION CLAUSE; EXCULPATORY CLAUSE; INDEMNITY CLAUSE. [Cases: Contracts 114. C.J.S. Contracts § 271.] “An exemption clause may take many forms, but all such clauses have one thing in common