cape (kay-pee). Hist. [Latin “take”] A writ filed to recover possession of land. cape magnum (kay-pee mag-n[schwa]m). [Latin “grand” cape] A writ granting possession of land before a tenant’s appearance in the action. — Also termed magnum cape; grand cape. cape parvum (kay-pee pahr-v[schwa]m). [Latin “little” cape] A writ for the recovery of land issuing […]
Court of Common Pleas. 1. Hist. A superior court having jurisdiction of all real actions and common pleas (i.e., actions between subjects). • The Court was presided over by a chief justice with four (later five) puisne judges. In 1873 it became the Common Pleas Division of the High Court of Justice. In 1881 it
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Probate granted in the registry, without any formal procedure in court, on the executor’s ex parte application. • The judgment is subject to being reopened by a party who has not been given notice. [Cases: Wills 213. C.J.S. Wills §§ 472–473.]
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sodomy (sod-[schwa]-mee), n. 1. Oral or anal copulation between humans, esp. those of the same sex. [Cases: Sodomy 1. C.J.S. Sodomy §§ 2–6.] 2. Oral or anal copulation between a human and an animal; bestiality. — Also termed buggery; crime against nature; abominable and detestable crime against nature; unnatural offense; unspeakable crime; (archaically) sodomitry; (in
county. The largest territorial division for local government within a state, generally considered to be a political subdivision and a quasi-corporation. • Every county exists as a result of a sovereign act of legislation, either constitutional or statutory, separating it from the rest of the state as an integral part of its territory and establishing
substantial new question of patentability. Patents. The statutory threshold required for the Commissioner for Patents to order that a patent’s validity be reexamined. • The U.S. Patent and Trademark Office is not authorized to reopen an examination based solely on prior art and issues that came up during the original examination. 35 USCA §§ 303–304.
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In a corporate reorganization, an exchange of one corporation’s stock for another corporation’s stock. [Cases: Corporations 573, 575.]
archon n. (古)雅典执政官 古代希腊许多城邦中职位最高者的头衔。在雅典，最初有3个执政官，大约在公元前680年，增加到9个。从公元前487年起，执政官以抽签的方式选任。这以后，执政官在政治上的作用就不大了。执政官负有行政和司法职责。在早期，除了那些由雅典阿雷奥帕古斯〔Areopagus〕审理的涉及生命和民权的案件外，执政官单独审理案件，并对民事案件享有管辖权。后来，执政官须决定是否有案件需要审理，在什么法庭审理，并主持其审判。名誉执政官〔archon eponymus〕是城邦的名义上的首领，负有保护财产的特定责任。他在自己的权限内负责所有涉及到家族权利和继承的案件。司祭执政官〔archon basileus〕负责以前国王的宗教事务并处理这些事务中发生的诉讼案件，以及教士们之间所控告的不虔诚、杀人等案件。军政官〔archon polemarchus〕最初掌管武装力量，但后来他的主要职责是在司法方面，解决涉及到外国侨民以及外国侨民同本国公民之间的个人诉讼。 (→Areopagus)
ad libitum (ad lib-i-t[schwa]m), adv. [Law Latin] At pleasure. • The modern term ad-lib (adj. & vb.), borrowed from drama and music, is essentially the same; it means “at the performer’s pleasure,” and allows the performer discretion in innovating a part impromptu. “[B]ut in actions where the damages are precarious, being to be assessed ad
concessio (k[schwa]n-sesh-ee-oh). [Latin] Hist. A grant. • This is a term of conveyance used to convey in-corporeal property. Pl. concessiones. “Grants, concessiones; the regular method by the common law of transferring the property of incorporeal here-ditaments, or, such things whereof no livery can be had. For which reason all corporeal hereditaments, as lands and houses,