Chevron deference. A two-part test under which a court will uphold a federal agency’s construction of a federal statute if (1) the statute is ambiguous or does not address the question at issue, and (2) the agency’s interpretation of the statute is reasonable. • If the court finds that the legislature’s intent is clearly expressed […]
A precedent that is merely the application of an already existing legal rule.
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counteroffer, n. Contracts. An offeree’s new offer that varies the terms of the original offer and that ordinarily rejects and terminates the original offer. • A late or defective acceptance is considered a counteroffer. See MIRROR-IMAGE RULE. [Cases: Contracts 24. C.J.S. Contracts §§ 52–53.] — counteroffer, vb. — counterofferor, n.
law of the circuit. 1. The law as announced and followed by a U.S. Circuit Court of Appeals. [Cases: Courts 96(4). C.J.S. Courts §§ 150, 152–153.] 2. The rule that one panel of judges on a U.S. Circuit Court of Appeals should not overrule a decision of another panel of judges on the same court.
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error n. (1)谬误；错误；差错 (2)过错 (3)(诉讼程序、判决等方面的)错误；误判 (4)writ of error之略(→mistake；ignorance; plain error rule; writ of error)
F.R.D.abbr. Federal Rules Decisions; a series of reported federal court decisions (beginning in 1938) that construe or apply the Federal Rules of Civil, Criminal, or Appellate Procedure, or the Federal Rules of Evidence. • Also included are rule changes, ceremonial proceedings of federal courts, and articles on federal-court practice and procedure. — Often written FRD.
par value. The value of an instrument or security as shown on its face; esp., the arbitrary dollar amount assigned to a stock share by the corporate charter, or the principal of a bond. — Often shortened to par. — Also termed face amount; face value; nominal value; stated value. [Cases: Corporations 99(3). C.J.S. Corporations
official record 〈美〉官方档案；行政记录 联邦政府行政部门在履行职务过程中所制作和保存的记录。它在审判中的证明力由《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕和《联邦证据规则》〔Federal Rules of Evidence〕所调整，而在行政程序中的可采性则由《官方档案法》〔Official Records Act〕规范。
preexisting duty 既存义务 指当事人在作出允诺〔promise〕前已经承担的法律义务。按照普通法，任何人不得以既存义务为合同的有效对价。但美国《统一商法典》〔U.C.C.〕已在买卖合同中取消了这一规则。 (→preexisting-duty rule)