transferred-intent doctrine. The rule that if one person intends to harm a second person but instead unintentionally harms a third, the first person’s criminal or tortious intent toward the second applies to the third as well. • Thus, the offender may be prosecuted for an intent crime or sued by the third person for an […]
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evidentiary (ev-i-den-sh[schwa]-ree), adj. 1. Having the quality of evidence; constituting evidence; evidencing. 2. Pertaining to the rules of evidence or the evidence in a particular case.
The last day for a defendant to file and serve a responsive pleading in a lawsuit. • Under the Federal Rules of Civil Procedure, a defendant generally must serve an answer (1) within 20 days after being served with the summons and complaint, or (2) if a defendant timely waives service at the plaintiff’s request,
open-fields doctrine. Criminal procedure. The rule permitting a warrantless search of the area outside a property owner’s curtilage. • Unless there is some other legal basis for the search, it must exclude the home and any adjoining land (such as a yard) that is within an enclosure or otherwise protected from public scrutiny. — Also
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compact (kom-pakt), n. An agreement or covenant between two or more parties, esp. between governments or states. family compact. An agreement to further common interests made between related people or within a group that behaves as a family. • Historically, some international treaties among nations ruled by monarchs have been called family compacts because of
tender of issue. Common-law pleading. A form attached to a traverse, by which the traversing party refers the issue to the proper mode of trial. [Cases: Pleading 100, 112. C.J.S. Pleading §§ 183, 764, 769.] “[I]t is the object of all pleadings to bring the parties, in the course of their mutual altercations, to an
code of criminal procedure 〈美〉刑事诉讼法典 泛指规定审理刑事案件的程序的联邦法或州法。对这些程序法进行补充的还有刑事诉讼规则〔Rules of Criminal Procedure〕和证据规则〔Rules of Evidence〕。
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mixed question of law and fact. An issue that is neither a pure question of fact nor a pure question of law. • Mixed questions of law and fact are typically resolved by juries. — Often shortened to mixed question. — Also termed mixed question of fact and law. [Cases: Administrative Law and Procedure 781;
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Law consisting of customs that are accepted as legal requirements or obligatory rules of conduct; practices and beliefs that are so vital and intrinsic a part of a social and economic system that they are treated as if they were laws. — Also termed consuetudinary law.
mental disease 精神(疾)病 在检验行为人刑事责任的德赫姆规则〔Durham rule〕中，精神病是一种可能好转也可能恶化的精神状态。 (→insanity)