Abstention that a bankruptcy court can, but need not, exercise in a dispute that relates to the bankruptcy estate but that can be litigated, or is being litigated, in another forum. • In deciding whether to abstain, the bankruptcy court must consider (1) the degree to which state law governs the case, (2) the appropriateness […]
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O.R.abbr. Own recognizance; on one’s own recognizance (the prosecutor agreed not to object to releasing the suspect O.R.). See RECOGNIZANCE; RELEASE ON RECOGNIZANCE . [Cases: Bail 40. C.J.S. Bail; Release and Detention Pending Proceedings§ 8.]
secured transaction 担保交易 以在动产或不动产附属物〔fixture〕上设定担保权利为目的的一种商业安排。根据双方签订的担保协议〔security agreement〕，买受人或借款人以上述附属担保物〔collateral〕作为向出卖人或贷款人履行付款或还款义务的担保。美国《统一商法典》〔U.C.C.〕第9篇专门规定了担保交易制度。 (→security agreement)
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xylon (zI-lon), n. [fr. Greek xulon “wood”] Archaic. A Greek punishment apparatus similar to stocks.
reverse consensus. Intellectual property. In a dispute-settlement procedure under TRIPs, an agreement between the parties that a dispute should not be submitted to a World Trade Organization panel for adjudication. • Before TRIPs, any party could delay formation of a WTO panel or adoption of its report by withholding consensus. Under TRIPs, each process is
through rate. The total shipping cost when two or more carriers are involved. • The carriers agree in advance on a through rate, which is typically lower than the sum of the separate rates. [Cases: Carriers 26. C.J.S. Carriers §§ 138–140.]
nobility, n. pl. 1. Persons of social or political preeminence, usu. derived by inheritance or from the sovereign. • In English law, there are various degrees of nobility, or peerage, such as dukes, marquises, earls, viscounts, and barons, and their female counterparts. Nobility is generally created either by a writ of summons to sit in
Lingle test. Labor law. A test for determining whether a union member’s state-law claim against the employer is preempted by the Labor–Management Relations Act, the controlling principle being that if the state-law claim can be resolved without interpreting the collective-bargaining agreement, then there is no preemption. Lingle v. Norge Division of Magic Chef, Inc., 486
egregious (i-gree-j[schwa]s), adj. Extremely or remarkably bad; flagrant (the defendant’s egregious behavior).
Juris Doctor (joor-is dok-t[schwa]r). Doctor of law — the law degree most commonly conferred by an American law school. — Abbr. J.D. — Also termed Doctor of Jurisprudence; Doctor of Law. Cf. MASTER OF LAWS; LL.B.; DOCTOR OF LAWS.