wait-and-see principle. A modification to the rule against perpetuities, under which a court may determine the validity of a contingent future interest based on whether it actually vests within the perpetuities period, rather than on whether it possibly could have vested outside the period. — Also termed second-look doctrine. [Cases: Per-petuities 4. C.J.S. Perpetuities §§ […]
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administrative-law judge. An official who presides at an administrative hearing and who has the power to ad-minister oaths, take testimony, rule on questions of evidence, and make factual and legal determinations. 5 USCA § 556(c). — Abbr. ALJ. — Also termed hearing examiner; hearing officer; trial examiner. [Cases: Administrative Law and Procedure 443. C.J.S. Public
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motion for judgment as a matter of law. A party’s request that the court enter a judgment in its favor before the case is submitted to the jury, or after a contrary jury verdict, because there is no legally sufficient evidentiary basis on which a jury could find for the other party. • Under the
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prior-exclusive-jurisdiction doctrine. The rule that a court will not assume in rem jurisdiction over property that is already under the jurisdiction of another court of concurrent jurisdiction.
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civil right. (usu. pl.) 1. The individual rights of personal liberty guaranteed by the Bill of Rights and by the 13th, 14th, 15th, and 19th Amendments, as well as by legislation such as the Voting Rights Act. • Civil rights include esp. the right to vote, the right of due process, and the right of
Seventh Amendment. The constitutional amendment, ratified with the Bill of Rights in 1791, guaranteeing the right to a jury trial in federal civil cases that are traditionally considered to be suits at common law and that have an amount in controversy exceeding $20. [Cases: Jury 9–14. C.J.S. Juries §§ 6–23, 26–36, 41–43, 46–51, 53–57, 59,
suspension of power of alienation 财产转让权之取消 (→rule against suspension of power of alienation)
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dram-shop act. A statute allowing a plaintiff to recover damages from a commercial seller of alcoholic beverages for the plaintiff’s injuries caused by a customer’s intoxication. — Also termed civil-liability act; civil-damage law. [Cases: Intoxicating Liquors 282–324. C.J.S. Intoxicating Liquors §§ 428–463.] “Largely at the behest of the temperance movement, statutes (called ‘dram shop acts’)
A person’s exclamation of present pain, which operates as an exception to the hearsay rule. Fed. R. Evid. 803(3). [Cases: Criminal Law 419(2.20); Evidence 268. C.J.S. Criminal Law § 862; Evidence §§ 314–318, 325, 327–328, 330.]
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lex talionis (leks tal-ee-oh-nis). [Law Latin] The law of retaliation, under which punishment should be in kind — an eye for an eye, a tooth for a tooth, and so on — but no more. — Also termed eye for an eye; jus talionis; principle of retribution. “Kant, for example, expresses the opinion that punishment