Search Results for: RULE, THE

justae nuptiae

justae nuptiae (j[schwa]s-tee n[schwa]p-shee-ee). [Latin “legal marriage”] Roman law. A marriage between two persons who had the legal capacity to wed. • Justae nuptiae was the only union that created the familial relationship known as patria potestas. — Also termed justum matrimonium. See patria potestas under POTESTAS. Cf. CONCUBINATUS. “Iustae nuptiae is such a marriage […]

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nullum tempus act

Nullum Tempus Act (n[schwa]l-[schwa]m tem-p[schwa]s akt), n. [Latin] Hist. English law. The Crown Suits Act of 1769 (amended in 1862) that limited the Crown’s time to sue, in land and other specified matters, to 60 years. • The statute altered the common-law rule of nullum tempus aut locus occurrit regi (“no time or place affects

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malice aforethought

The requisite mental state for common-law murder, encompassing any one of the following: (1) the intent to kill, (2) the intent to inflict grievous bodily harm, (3) extremely reckless indifference to the value of human life (the so-called abandoned and malignant heart), or (4) the intent to commit a dangerous felony (which leads to culpability

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directive on rental lending and certain neighbouring rights

Directive on Rental, Lending and Certain Neighbouring Rights. Copyright. A 1992 European Commission initiative setting rules for reimbursing copyright owners for home rental and public lending of videotapes and other copies of works, and establishing the rights of performers, producers, broadcasters, and cable distributors. — Also termed Rental and Related Rights Directive; Rental Directive.

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form

form, n. 1. The outer shape or structure of something, as distinguished from its substance or matter (courts are generally less concerned about defects in form than defects in substance). 2. Established behavior or procedure, usu. according to custom or rule (the prosecutor followed the established form in her closing argument). 3. A model; a

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notice of orders or judgments

notice of orders or judgments 〈美〉裁定或判决通知 由法院书记官或任一方当事人所作的说明判决或裁定已经作出并已登录在案的书面通知。有关判决的通知通常由作出判决的法院的书记官提供。若法院不予通知的,通常会要求一方当事人提供。现《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕和《联邦刑事诉讼规则》都规定法院书记官应向案件未缺席的任一方当事人即时发出判决或裁定通知。

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retroactive

retroactive, adj. (Of a statute, ruling, etc.) extending in scope or effect to matters that have occurred in the past. — Also termed retrospective. Cf. PROSPECTIVE(1). [Cases: Administrative Law and Procedure 419; Courts 100(1); Statutes 261–278. C.J.S. Courts §§ 147–148; Public Administrative Law and Procedure §§ 89, 98; Statutes §§ 407–431.] — retroactivity, n. “

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vested rights doctrine

vested-rights doctrine. Constitutional law. The rule that the legislature cannot take away a right that has been vested by a court’s judgment; specif., the principle that it is beyond the province of Congress to reopen a final judgment issued by an Article III court. — Also termed doctrine of vested rights. [Cases: Constitutional Law 110.]

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appointment

appointment, n. 1. The designation of a person, such as a nonelected public official, for a job or duty; esp., the naming of someone to a nonelected public office (Article II of the U.S. Constitution grants the President the power of appointment for principal federal officials, subject to senatorial consent). [Cases: Officers and Public Employees

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