Civil law. The office and power of a tutor; the power that an individual has, sui juris, to take care of one who cannot care for himself or herself. • The four types of tutorship are (1) tutorship by nature, (2) tutorship by will, (3) tutorship by the effect of the law, and (4) tutorship […]
hodgepodge act. A statute that deals with incongruous subjects. “Hodge-Podge Act…. Such acts, besides being evident proofs of the ignorance of the makers of them, or of their want of good faith, are calculated to create a confusion which is highly prejudicial to the interests of justice…. In many states bills, except general appropriation bills,
serf. Hist. A person in a condition of feudal servitude, bound to labor at the will of a lord; a villein. • Serfs differed from slaves in that they were bound to the native soil rather than being the absolute property of a master. “As the categories became indistinct, the more abject varieties of slavery
racketeering, n. 1. A system of organized crime traditionally involving the extortion of money from businesses by intimidation, violence, or other illegal methods. [Cases: Racketeer Influenced and Corrupt Organizations 4, 103. C.J.S. RICO (Racketeer Influenced and Corrupt Organizations) §§ 4, 6.] 2. A pattern of illegal activity (such as bribery, extortion, fraud, and murder) carried
The association between a person employed to perform services in the affairs of another, who in turn has the right to control the person’s physical conduct in the course of that service. • At common law, the relationship was termed “master-servant.” That term is still used often, but “employer–employee” dominates in modern legal usage.
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Jewell instruction (joo-w[schwa]l).Criminal procedure. A court’s instruction to the jury that the defendant can be found to have the requisite criminal mental state despite being deliberately ignorant of some of the facts surrounding the crime. • If a defendant claims ignorance of some fact essential to the crime, such as not knowing that a particular
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heriot 〈英〉上佳牲畜贡赋权 领主拥有的一种权利，在封臣死亡时，其上佳的牲畜应上贡给领主，即使牲畜不在领地内，领主仍可以捕获它。早期，这种贡赋权主要是死亡的封臣的马匹及装备上贡给领主，以利于后来的封臣运用这些马匹及装备作军事防御。1922年及1924年的《财产法》规定可以用等值的金钱支付替代应上贡的牲畜，该权利变为可追索的民事债务，受时效限制。该贡赋权分为三类：１封建役务贡赋权〔heriot service〕，它只作为1285年《封地购买法》前设立的完全保有地产权的附属权利而存在。领主对死亡封臣遗产中的上佳牲畜享有权利，可以捕获或扣押的方式实现这一权利。２可诉贡赋权〔suit heiot〕，即对死亡的佃户的一些动产的权利，依据现代作出的完全保有土地授予或租佃而保留。这种权利并不局限在上佳牲畜或者死亡佃户的遗产情形，它实际上是一种租金，领主可以扣押或者提起诉讼来实现该权利，但不可占有它。３习惯法上的贡赋权〔heriot custom〕，这种权利一般只在公簿地产权〔copyhold〕中存在，它不是扣押，而是根据特别的习惯规则来实现，在一些其他方面完全受地方性习惯的调整。最初，「heriot」与「relief」同义，诺曼人征服英格兰后，「relief」用于自由民〔free tenant〕，而「heriot」则用于维兰〔villein〕。
Bureau of Consular Affairs. A unit in the U.S. Department of State responsible for protecting U.S. citizens and interests abroad. • Through its Office of Passport Services it issues over 7 million passports each year.
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An act resulting from the actor’s will directed to that end. • An act is intentional when it is foreseen and desired by the doer, and this foresight and desire resulted in the act through the operation of the will.
devisee (dev-[schwa]-zeeor di-vI-zee). A recipient of property by will. Cf. LEGATEE. first devisee. The first devisee designated to receive an estate under a will. next devisee. The devisee who receives the remainder of an estate in tail, as distinguished from the first devisee. See FEE TAIL. [Cases: Wills 604. C.J.S. Wills § 1258.] residuary devisee.