A person’s statement acknowledging a fact that is harmful to the person’s position as a litigant. • An admission against interest must be made either by a litigant or by one in privity with or occupying the same legal position as the litigant; as an exception to the hearsay rule, it is admissible whether or […]
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dead-ship doctrine. Maritime law. The rule that admiralty law no longer applies to a ship when its purpose has been so changed that it is no longer a vessel because it has no further navigation function. [Cases: Admiralty 6. C.J.S. Admiralty §§ 26–32.]
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pro re nata (proh ree nay-t[schwa]). [Latin “in the light of what has arisen”] Hist. By reason of emergency; arising from exigent circumstances. • The phrase appeared, for example, in reference to a meeting called to address an emergency. “So far as may be, the state leaves the rule of right to be declared and
adverse-agent doctrine. The rule that an agent’s knowledge will not be imputed to the principal if the agent is engaged in fraudulent activities that are concealed as part of the fraud. [Cases: Principal and Agent 180. C.J.S. Agency §§ 440, 442.]
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likelihood-of-success-on-the-merits test. Civil procedure. The rule that a litigant who seeks a preliminary injunction, or seeks to forestall the effects of a judgment during appeal, must show a reasonable probability of success in the litigation or appeal.
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A trust that is treated, for income-tax purposes, as if it were the same entity as the grantor, but for estate-tax purposes is treated as an entity separate from the grantor. • Typically a trust is an independent entity that is taxed separately from the settlor. Because trust income is taxed at higher rates than
gap-filler. A rule that supplies a contractual term that the parties failed to include in the contract. • For example, if the contract does not contain a sales price, UCC § 2-305(1) establishes the price as being a reasonable one at the time of delivery. Cf. default rule under RULE(1). [Cases: Sales 22(4), 23(4). C.J.S.
scienter n. 故意；明知 该词用于诉状中，表示被告的主观过错状态，即被告事先知道其行为将导致损害发生，或者其事先知道其有义务防止某种事实状态的发生，但因其疏忽而导致损害结果。在普通法上，欲使家畜所有人对家畜所造成的损害承担责任，必须证明被告知道其家畜有实施该种损害之恶习。关于这方面的证据被称为「举证明知」〔proving scienter〕。在英国，该种责任规定于1971年《动物法》〔Animals Act〕中。在有关虚假陈述〔misrepresentation〕中，实施虚假陈述一方当事人的明知是指其以欺诈意图而错误告知或疏漏重大事实。因干预他人履行合同而承担责任的〔liability for interference with the performance of a contract〕，其责任构成要件之一即为该当事人知道合同的存在。根据美国1934年《证券交易法》〔Securities Exchange Act〕和《10b-5规则》〔Rule 10b-5〕而对某一行为提起民事损害赔偿之诉的，该行为必须属于「明知」，这里的「明知」是指包含欺诈或操纵市场等意图的主观状态。 ad.故意地；明知地 该词原为拉丁文，其意同于knowingly。
diversity of citizenship. A basis for federal-court jurisdiction that exists when (1) a case is between citizens of different states, or between a citizen of a state and an alien, and (2) the matter in controversy exceeds a specific value (now $75,000).28 USCA § 1332. • For purposes of diversity jurisdiction, a corporation is considered
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