administration of justice. The maintenance of right within a political community by means of the physical force of the state; the state’s application of the sanction of force to the rule of right.
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declaratory theory. The belief that judges’ decisions never make law but instead merely constitute evidence of what the law is. • This antiquated view — held by such figures as Coke and Blackstone — is no longer accepted. “There are … at least three good reasons why the declaratory theory should have persisted for some
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Claflin-trust principle. The doctrine that a trust cannot be terminated by the beneficiaries if the termination would defeat one of the settlor’s material purposes in establishing the trust, even if all the beneficiaries seek its termination. • The Claflin rule, which derives from Claflin v. Claflin, 20 N.E. 454 (Mass. 1889), is often cited as
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negotiable instrument. A written instrument that (1) is signed by the maker or drawer, (2) includes an unconditional promise or order to pay a specified sum of money, (3) is payable on demand or at a definite time, and (4) is payable to order or to bearer. UCC § 3-104(a). — Also termed negotiable paper;
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compulsory disclosure (1)强制披露 法院的一种裁定，为证明案情，对符合披露规则〔discovery rule〕范围内的事项，法院强制当事人予以说明或披露 。 (2)强制公开 国家公务员或国家公职的竞选人必须披露其财产、收入及收入来源。
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prior-appropriation doctrine. The rule that, among the persons whose properties border on a waterway, the earliest users of the water have the right to take all they can use before anyone else has a right to it. Cf. RIPARIAN-RIGHTS DOCTRINE . [Cases: Waters and Water Courses 140. C.J.S. Waters §§ 376, 380, 391–393.]
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tax law. 1. INTERNAL REVENUE CODE. 2. The statutory, regulatory, constitutional, and common-law rules that constitute the law applicable to taxation. 3. The area of legal study dealing with taxation.
time-price doctrine. The rule that if a debt arises out of a purchase and sale, the usury laws do not apply. • If a higher price is charged for a deferred payment than for an immediate payment, the difference between the time price and the cash price is deemed compensation to the seller for the
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international control. Int’l law. The supervision over countries and their subdivisions for the purpose of ensuring the conformity of their conduct with international law. “[S]upervision is exercised increasingly not only over the conduct of governmental and intergovernmental institutions, but also over the acts and omissions of individuals to establish their conformity with requirements of public
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deadhand control. The convergence of various legal doctrines that allow a decedent’s control of wealth to influence the conduct of a living beneficiary; esp., the use of executory interests that vest at some indefinite and remote time in the future to restrict alienability and to ensure that property remains in the hands of a particular