public-safety exception. Evidence. An exception to the Miranda rule, allowing into evidence an otherwise suppressible statement by a defendant concerning information that the police needed at the time it was made in order to protect the public. • If, for example, a victim tells the police that an assailant had a gun, and upon the […]
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carveout, n. 1. An explicit exception to a broad rule. 2. Tax. For tax purposes, the separation from property of the income derived from the property.
nautae, caupones, stabularii (naw-tee, kaw-poh-neez, stab-y[schwa]-lair-ee-I). [Latin] Roman law. Carriers by sea, innkeepers, stablers. • The phrase was used in an edict holding shippers, innkeepers, and stablers liable for damages to goods entrusted to them for safekeeping (receptum). Members of this group were also vicariously liable for the torts of their employees and slaves. “The
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churning, n. 1. Securities. A stockbroker’s excessive trading of a customer’s account to earn more commissions rather than to further the customer’s interests; an abuse of a customer’s confidence for personal gain by frequent and numerous transactions, disproportionate to the size and nature of the customer’s account. • Under securities laws, the practice is illegal
marshaling doctrine. The principle that, when a senior creditor has recourse to two or more funds to satisfy its debt, and a junior creditor has recourse to only one fund to satisfy its debt, the senior creditor must satisfy its debt out of the funds in which the junior creditor has no interest. See RULE
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commenter. One who comments; esp., one who sends comments to an agency about a proposed administrative rule or regulation. See NOTICE-AND-COMMENT PERIOD. [Cases: Administrative Law and Procedure 394. C.J.S. Public Administrative Law and Procedure §§ 104–105.]
collusive joinder 〈美〉共谋合并；串通合并 指将某人(通常为非定居居民)合并为诉讼的被告，目的在于取得联邦法院对案件的管辖权。《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕规定，如确为共谋合并，则联邦地区法院不能取得管辖权。
Murder that occurs during the commission of a dangerous felony (often limited to rape, kidnapping, robbery, burglary, and arson). — Also termed (in English law) constructive murder. See FELONY-MURDER RULE. [Cases: Homicide 580.]
ex officio (eks [schwa]-fish-ee-oh), adv. & adj.[Latin] By virtue or because of an office; by virtue of the authority implied by office. • The term is often misused as a synonym for “nonvoting.” Some meetings mistakenly label their regularly invited guests as “ex officio members” when in fact they are not members at all; others
COGSA. 1.abbr. CARRIAGE OF GOODS BY SEA ACT. 2. Maritime law. A country’s enactment of the inter-national convention popularly known as the Hague Rules. • The acronym is used even when the country’s statute has a different title; for example, the Canadian Carriage of Goods by Water Act is referred to as the “Canadian COGSA.”