droit d’aubaine (drwah doh-ben), n. [Law French “right of alienage”] Hist. With certain exceptions, a sovereign’s right to a deceased alien’s property, regardless of whether the alien had a will. • This right was primarily exercised in France, where it was revived in some form by Napoleon after its initial abolishment in 1790. It was […]
legislative power. Constitutional law. The power to make laws and to alter them; a legislative body’s exclusive authority to make, amend, and repeal laws. • Under federal law, this power is vested in Congress, consisting of the House of Representatives and the Senate. A legislative body may delegate a portion of its lawmaking authority to
dual-sovereignty doctrine. The rule that the federal and state governments may both prosecute someone for a crime, without violating the constitutional protection against double jeopardy, if the person’s act violated both jurisdictions’ laws. See DUAL-PROSECUTION RULE. [Cases: Double Jeopardy 186. C.J.S. Criminal Law § 258.]
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corrupt-motive doctrine. Criminal law. The rule that conspiracy is punishable only if the agreement was entered into with an evil purpose, not merely with an intent to do the illegal act. • This doctrine — which originated in People v. Powell, 63 N.Y. 88 (1875) — has been rejected by the Model Penal Code. —
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ficta traditio (fik-t[schwa] tr[schwa]-dish-ee-oh). [Latin] Scots law. A fictitious delivery. • The phrase invoked the rule that if the parties so intended, an item could be treated as having been delivered to a buyer in possession of it without the need for physical transfer. — Also termed fictio brevis manus.
correlative-rights doctrine. 1. Water law. The principle that adjoining landowners must limit their use of a common water source to a reasonable amount. [Cases: Waters and Water Courses 41, 101. C.J.S. Waters §§ 13, 193, 195–197, 201–204.] “Under the correlative rights doctrine … rights to groundwater are determined by land ownership. However, owners of land
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Regulation T. A Federal Reserve Board regulation that limits the amount of credit that a securities broker or dealer may extend to a customer, and that sets initial margin requirements and payment rules for securities transactions. • The credit limit and margin rules usu. require the customer to provide between 40 and 60% of the
enablement requirement. Patents. The rule that the specification of a patent application must describe the invention so that a person with ordinary skill in the art could make and use the invention without undue experimentation. • A specification that meets this requirement is referred to as enabling. Cf. ENABLING SOURCE. [Cases: Patents 99. C.J.S. Patents
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admiralty and maritime jurisdiction. The exercise of authority over maritime cases by the U.S. district courts sitting in admiralty. See 28 USCA § 1333. — Often shortened to admiralty jurisdiction; maritime jurisdiction. See ADMIRALTY(1); SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS . [Cases: Admiralty 1–25. C.J.S. Admiralty §§ 2–86, 280; Conflict of Laws §
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article, n. 1. Generally, a particular item or thing (article of clothing). proprietary article. (often pl.) A product manufactured under an exclusive right to sell it. 2. A separate and distinct part (as a clause or stipulation) of a writing, esp. in a contract, statute, or constitution (Article III). 3. (pl.) An instrument containing a