jurisdictional-fact doctrine. Administrative law. The principle that if evidence is presented challenging the factual findings that triggered an agency’s action, then a court will review the facts to determine whether the agency had authority to act in the first place. • This doctrine is generally no longer applied. Cf. CONSTITUTIONAL-FACT DOCTRINE. [Cases: Administrative Law and […]
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banns of matrimony. Family law. Public notice of an intended marriage. • The notice is given to ensure that objections to the marriage would be voiced before the wedding. Banns are still common in many churches. — Also spelled bans of matrimony. — Also termed banns of marriage. [Cases: Marriage 24.] “A minister is not
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The first-filed application in a chain of later-filed continuation or continuation-in-part applications. • An application becomes the parent application when another type of application (such as continuation, divisional, or substitute) is filed. The term “parent” is generally not used to refer to a provisional application. Cf. child application. [Cases: Patents 110. C.J.S. Patents § 156.]
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bankruptcy proceedings 破产程序 在美国，破产程序可以由债务人提起，称为自愿破产；也可以由债权人提起，称为非自愿破产。破产开始后，法院可以组织对债务人的剩余资产进行清算并分配给债权人，从而彻底免除债务人的债务；或者对债务人进行重整，允许其继续从事经营活动，以其经营所得来偿还债务，从而避免破产。在英国，破产申请可以由债权人、债务人、自愿和解协议的监督人〔supervisor of a voluntary arrangement〕或当事人、官方申请人〔official petitioner〕等提起，法院根据破产申请作出接管令〔receiving order〕，将债务人的财产置于官方接管人〔official receiver〕的控制之下。接管人应召集债权人会议，要求债务人提交财产状况报告〔statement of affairs〕,就债务人资不抵债的原因进行公开调查，然后，法院将发布破产令〔bankruptcy order〕,官方接管人将成为破产财产管理人〔trustee in bankruptcy〕(债权人另行指定破产财产管理人的除外)。破产财产管理人必须占有并收回或实现所有属于破产人的资产。债权人应就自己的债权向破产财产管理人提供证明。最后由破产财产管理人将债务人的财产按法定顺序分配给经其确认了的债权人。
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shield law. 1. A statute that affords journalists the privilege not to reveal confidential sources. See journalist’s privilege under PRIVILEGE(3). [Cases: Witnesses 196. 1. C.J.S. Witnesses § 358.] “More than half of the states have ‘shield laws’ creating ‘reporters’ privileges’ that are sometimes broader than the First Amendment version of that privilege.” David A. Anderson,
A crime that impairs the administration of justice. • The common-law offenses of this type were obstruction of justice, barratry, maintenance, champerty, embracery, escape, prison breach, rescue, misprision of felony, compounding a crime, subornation of perjury, bribery, and misconduct in office.
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prior-user right. Patents. The right of a first inventor to continue using an invention after someone else has patented it. • This right protects first inventors in most countries from the harsh effects of a first-to-file system. See PRIVATE-USE EXCEPTION(2).
Elder Brethren. A distinguished body of men elected as masters of Trinity House, an institution incorporated in the reign of Henry VIII and charged with many duties in marine affairs, such as superintending lighthouses. • The full title of the corporation is Elder Brethren of the Holy and Undivided Trinity.
dorsum (dor-s[schwa]m). [Latin] Hist. The back. • This term usu. appeared as part of the phrase in dorso to indicate that an instrument had been signed on the back. In dorso recordi, for example, meant “on the back of the record.” “In the first place then the payee, or person to whom or whose order
Workers’ compensation. A death that, because it occurred in the course of employment, entitles the employee’s heirs to compensation. [Cases: Workers’ Compensation 408–510. C.J.S. Workmen’s Compensation §§ 245–287.]