gavel through. Parliamentary law. To put (a question) to a vote before any member can obtain the floor. • The practice of “gaveling through” a motion is improper under parliamentary law. “It should be noted that, under legitimate parliamentary procedure, there is no such thing as ‘gaveling through’ a measure. The right of members to […]
bankruptcy notice 〈英〉破产通知 由1952年《破产规则》〔Bankruptcy Rules〕规定，取代了1869年《破产法》〔Bankruptcy Act〕所规定的债务人传票〔debtor’s summons〕。当债权人已在任一法院取得了终局判决或裁定，且尚未获任何执行时，依债权人的申请，法院即可签发破产通知，若债务人不遵守破产通知的要求，即构成破产行为〔act of bankruptcy〕。但是除非债权人已提出破产申请，仅依据破产通知不得作出接管令〔receiving order〕。
locality-plus test. Maritime law. The requirement that, for a federal court to exercise admiralty tort jurisdiction, not only must the alleged wrong occur on navigable waters, it must also relate to a traditional maritime activity. Executive Jet Aviation, Inc. v. Cleveland, 409 U.S. 249, 93 S.Ct. 493 (1972). — Also termed locality-plus rule; maritime-connection doctrine.
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Bavarian Law 《巴伐利亚法典》 该法典始编于公元750年，包括巴伐利亚部落习惯法〔rules of Bavarian〕，阿勒曼宁法〔Alamannic rules〕，萨利克、法兰克、西哥特法〔Salic, Frankish, and Visigothic rules〕，伦巴得法〔rules from the Lombard Edict〕及宗教会议上为教士制定的规则等。
The conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case. — Also termed due process of law; due course of law. See FUNDAMENTAL-FAIRNESS DOCTRINE. [Cases: Constitutional Law
safe harbor 安全港 法律解释和适用的一项规则。当成文法规定的措辞过于宽泛时，当事人只需采用某种适当的方式遵守法律就应被视为已经履行了法律义务。例如，在税法中，只要当事人尽了自己的努力以遵守法律，而这种努力可以某种可识别的形式表现出来，就不会被认为是违法。 (→safe harbor rule)
praecipuum (pri-sip-yoo-[schwa]m), n. [Latin] Hist. The estate portion that is not subject to rules of division; the part of an estate that one claimant (usu. the eldest heir-portioner) receives to the exclusion of all others.
subsume (s[schwa]b-s[y]oom), vb. To judge as a particular instance governed by a general principle; to bring (a case) under a broad rule. — subsumption (s[schwa]b-s[schwa]mp-sh[schwa]n), n.
Evidence that is discovered as a result of illegally obtained evidence and is therefore inadmissible because of the primary taint. See EXCLUSIONARY RULE; FRUIT-OF-THE-POISONOUS-TREE DOCTRINE. [Cases: Criminal Law 394.1(3). C.J.S. Criminal Law §§ 771, 773–775.]
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right of revolution. The inherent right of a people to cast out their rulers, change their polity, or effect radical reforms in their system of government or institutions, by force or general uprising, when the legal and constitutional methods of making such changes have proved inadequate or are so obstructed as to be unavailable.
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