Indian Child Welfare Act. A federal act that governs child-custody proceedings — including foster-care placement, preadoptive placement, adoptive placement, and termination of parental rights — in cases involving a child of American Indian descent.25 USCA §§ 1911 et seq. • Congress enacted the Act to help protect the best interests of Indian children, to promote […]
indian child welfare act Read More »
chattel (chat-[schwa]l). (usu. pl.) Movable or transferable property; personal property; esp., a physical object capable of manual delivery and not the subject matter of real property. “That Money is not to be accounted Goods or Chattels, because it is not of it self valuable ….Chattels are either personal or real. Personal, may be so called
revenue law 〈美〉岁入法 指美国国会依据美国宪法第一条第八款授权其「征收直接税〔taxes〕、间接税〔duties〕、进口税〔imposts〕和国产税〔excises〕」而制定的法律。若该词用以确定美国美国法院的管辖权时，它指征收进口税〔duties on imports〕或吨税〔duties on tonnage〕的法律或者规定有关岁入条款的法律，即可以直接诉诸美国宪法第一条第八款规定的征税权的立法。需注意的是，只有以授权采用某种形式征税为目的的立法，才能称之为岁入法，若为其他目的而立法，尽管可能附带创造了岁入，但此项立法也不能归之为岁入法。
An important or difficult point of law that arises during trial but that the judge sets aside for future argument or decision so that testimony can continue. — Also termed point reserved.
reserved point of law Read More »
public-interest exception. The principle that an appellate court may consider and decide a moot case — although such decisions are generally prohibited — if (1) the case involves a question of considerable public importance, (2) the question is likely to arise in the future, and (3) the question has evaded appellate review. [Cases: Appeal and
public interest exception Read More »
care, n. 1. Serious attention; heed (written with care). 2. Under the law of negligence or of obligations, the conduct demanded of a person in a given situation. • Typically, this involves a person’s giving attention both to possible dangers, mistakes, and pitfalls and to ways of minimizing those risks (standard of care). See DEGREE
res sanctae (rays sangk-tee), n. pl.[Latin “sacred things”] Roman law. The walls of a city. • The Romans considered maintenance of city walls so important that damage to a city’s walls was a capital offense.
work-product rule. The rule providing for qualified immunity of an attorney’s work product from discovery or other compelled disclosure. Fed. R. Civ. P. 26(b)(3). • The exemption was primarily established to protect an attorney’s litigation strategy. Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947). — Also termed work-product immunity; work-product privilege; work-product exemption;
plebiscite (pleb-[schwa]-sIt orpleb-[schwa]-sit), n. 1. A binding or nonbinding referendum on a proposed law, constitutional amendment, or significant public issue. 2. Int’l law. A direct vote of a country’s electorate to decide a question of public importance, such as union with another country or a proposed change to the constitution. — plebiscitary (pl[schwa]-bi-s[schwa]-ter-ee), adj.