maritime law. The body of law governing marine commerce and navigation, the carriage at sea of persons and property, and marine affairs in general; the rules governing contract, tort, and workers’-compensation claims or relating to commerce on or over water. — Also termed admiralty; admiralty law; sea law. Cf. GENERAL MARITIME LAW; LAW OF THE […]
post-trial discovery 〈美〉审后披露 根据《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕，在上诉期间，当事人可以获取证人的书面证词以保全证据，为案件的进一步审理作准备。
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ethical, adj. 1. Of or relating to moral obligations that one person owes another; esp., in law, of or relating to legal ethics (the ethical rules regarding confidences). See LEGAL ETHICS. 2. In conformity with moral norms or standards of professional conduct (the judge’s recusal was a perfectly ethical act).
observe, vb. To adhere to or abide by (a law, rule, or custom) (a traffic citation for failing to observe the speed limit).
borough English. Hist. A common-law rule of descent whereby the youngest son (or sometimes the youngest daughter or collateral heir) inherited all his father’s lands. • If the landowner had no issue, his youngest brother inherited the land. This practice applied to socage tenures in some parts of England. It was abolished by statute in
judgment on demurrer 根据抗辩作出的判决 法院根据其对诉求不充分抗辩举行听审后作出的决定(支持〔sustain〕或驳回〔overrule〕)而作的判决。
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legal-advice exception. 1. The rule that an attorney may withhold as privileged the client’s identity and information regarding fees, if there is a strong probability that disclosing the information would implicate the client in the criminal activity for which the attorney was consulted. [Cases: Witnesses 201(1). C.J.S. Witnesses §§ 329–330, 332–335, 337–340.] 2. An exemption
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informal agency action. Administrative-agency activity other than adjudication or rulemaking, such as investigation, publicity, or supervision. Cf. RULEMAKING. [Cases: Administrative Law and Procedure 301, 341. C.J.S. Public Administrative Law and Procedure §§ 49, 51, 54, 76, 78.]
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Securities. An annuity whose payments vary according to how well the fund (usu. made up of common stocks) that backs it is performing. SEC Rule 0-1(e)(1) (17 CFR § 270.0-1(e)(1)). See variable annuity under ANNUITY.
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Pushman doctrine. Archaic. The rule that transfer of an unpublished work transfers the common-law copyright to the work along with the work itself. • The name derives from Pushman v. New York Graphic Soc’y, Inc., 39 N.E.2d 249 (N.Y. 1942). The doctrine was rejected by § 202 of the Copyright Act of 1976, but it