liquidated-damages clause. A contractual provision that determines in advance the measure of damages if a party breaches the agreement. • Traditionally, courts have upheld such a clause unless the agreed-on sum is deemed a penalty for one of the following reasons: (1) the sum grossly exceeds the probable damages on breach, (2) the same sum […]
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parenting, n. 1. Performance of the functions of a parent. 2. One or more methods of child-rearing. parallel parenting. A situation in which divorced parents, although disagreeing on some aspects of child-rearing, allow each other to handle discipline and daily regimens in their own individual ways when with the child. shared parenting. Cooperation between divorced
airspace. The space that extends upward from the surface of land, esp. so far as is necessary for the owner or possessor to have reasonable use and enjoyment of the incidents of its ownership or possession. Cf. OUTER SPACE. national airspace. Int’l law. The pillar of air above a nation’s territory — including internal waters
licentia concordandi (li-sen-shee-[schwa] kon-kor-dan-dI), n. [Law Latin “license to agree”] Hist. One of the proceedings on levying a fine of lands. See CONGé D’ACCORDER. “The licentia concordandi, or leave to agree the suit. For, as soon as the action is brought, the defendant knowing himself to be in the wrong, is supposed to make overtures
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standard of proof. The degree or level of proof demanded in a specific case, such as “beyond a reasonable doubt” or “by a preponderance of the evidence.” See BURDEN OF PERSUASION. [Cases: Criminal Law 560; Evidence 596. C.J.S. Criminal Law § 1108; Evidence §§ 1299, 1304–1306, 1308, 1310–1311, 1315–1317.]
Lord Steward of the Queen’s Household 〈英〉王室总管掌管王室内务的官员之一，区别于贵族法庭审判庭庭长〔Lord High Steward〕，但此二者都发端于13世纪的「管家」〔steward or seneschal〕。王室总管的职责范围起初限于王室内部事务，但后来其在政治上的重要性不断提高，并且成为内阁成员。1924年，该官职不再经政治上的任命而产生。从理论上来说，王室总管负责管理王室的日常内务，但现在他的职责部分已是礼仪性质的了，当然他还是王室内务的首席长官，并且通常也是贵族，还充当国王的私人顾问。以前他还曾主持财会署〔Board of Green Cloth or counting house〕，负责王室内部的开销。另外，他也曾有一定的司法权力，有权维持王廷12英里范围内的治安；12世纪起曾主持过贵族审判法庭，对国王仆从所犯之罪享有管辖权；并与宫廷法吏〔Marshal of the Household〕一起主持王室内务法庭〔Marshalsea Court〕，对在其辖区内发生的、其中当事人一方为王室内务成员的案件拥有管辖权；17世纪他还曾控制过王室总管和王室军务长官〔Steward and Marshal〕的法庭，后这两类法庭在19世纪被废除。 (→Marshal of the King’s Household; Court of Marshalsea；Lord High Steward)
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Intellectual property. The policy or practice of a country that accords the citizens of other countries the same intellectual-property protection as it gives its own citizens, with no formal treaty of reciprocity required. • The principle of national treatment underlay the first international intellectual-property treaties in the 19th century, the Paris and Berne Conventions, and
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parenting plan. A plan that allocates custodial responsibility and decision-making authority for what serves the child’s best interests and that provides a mechanism for resolving any later disputes between parents. — Also termed parenting agreement. See CUSTODY(2); CUSTODIAL RESPONSIBILITY; DECISION-MAKING RESPONSIBILITY Y.
further advance. 1. A second or later loan to a mortgagor by a mortgagee, either on the same security as the original loan or on an additional security. [Cases: Mortgages 16, 116. C.J.S. Mortgages §§ 154–156.] 2. Equity practice. The agreed conversion of arrears of interest on a mortgage security into principal.
marriage-brokerage contract. An agreement under which a person, acting for compensation, procures someone for a marriage. • Traditionally, these contracts have been void as being against public policy.
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