Escobedo rule
Escobedo rule 〈美〉埃斯科韦多规则 根据该规则，警察在讯问被拘留的嫌疑人时，如果嫌疑人要求获得律师的帮助而被拒绝，且警察亦未告知其有权保持沉默，那么在这种讯问下取得的任何陈述都不得在刑事法庭审判中被采用。该规则源自1964年的Escobedo v. Illinois一案，为米兰达规则〔Miranda Rule〕的前身 。(→effective assistance of counsel; Miranda rule)
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common duty of care
common duty of care. A landowner’s obligation to take reasonable care under the circumstances to see that a lawful visitor will be reasonably safe in using the premises for the purposes for which the visitor is permitted to be there.
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mere right
mere right. An abstract right in property, without possession or even the right of possession. — Also termed jus merum; merum jus; meer dreit. “The mere right of property, the jus proprietatis, without either possession or even the right of possession. This is frequently spoken of in our books under the name of the mere
graham factors
Graham factors. Patents. A three-part test for determining obviousness under § 103 of the Patent Act of 1952, looking at (1) the scope and content of the prior art, (2) the differences between the prior art and the patent claims, and (3) the level of ordinary skill in the pertinent art. Graham v. John Deere
no contest clause
no-contest clause. A provision designed to threaten one into action or inaction; esp., a testamentary provision that threatens to dispossess any beneficiary who challenges the terms of the will. — Also termed in terrorem clause; noncontest clause; terrorem clause; anticontest clause; forfeiture clause. [Cases: Wills 651, 656. C.J.S. Wills §§ 1391–1392, 1403–1404, 1422.]
droits of admiralty
droits of admiralty (droyts), n. The Lord High Admiral’s rights in connection with the sea, such as the right to recover proceeds from shipwrecks, enemy goods confiscated at the beginning of hostilities, jetsam, flotsam, treasure, deodand, fines, forfeitures, sturgeons, whales, and other large fishes. • The droit proceeds are paid to the Exchequer’s office for
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right to die
right to die. The right of a terminally ill person to refuse life-sustaining treatment. — Also termed right to refuse treatment. See ADVANCE DIRECTIVE. [Cases: Health 914.]
parliamentary papers
parliamentary papers 议会文件；议会公文 包括议案〔bills〕，议会委员会〔Parliamentary Committees〕、皇家委员会〔Royal Commissions〕和部门委员会〔Departmental Committees〕的报告，有关报道和文件。下议院自1801年、上议院自1804年起，凡提交议会的所有文件均按每届议会装订成册，并加分类，配以索引。
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judicial activism
judicial activism, n. A philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions, usu. with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent. Cf. JUDICIAL RESTRAINT(3). — judicial activist, n. “[I]f to resolve the
operating agreement
operating agreement. Oil & gas. A contract among owners of the working interest in a producing oil or gas well setting forth the parties’ agreements about drilling, development, operations, and accounting.
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