operation of law. The means by which a right or a liability is created for a party regardless of the party’s actual intent (because the court didn’t rule on the motion for rehearing within 30 days, it was overruled by operation of law).
Restatement. One of several influential treatises published by the American Law Institute describing the law in a given area and guiding its development. • The Restatements use a distinctive format of black-letter rules, official comments, illustrations, and reporter’s notes. Although the Restatements are frequently cited in cases and commentary, a Restatement provision is not binding
Parliamentary law. A document that defines or organizes an organization, or grants or establishes its authority and governance. • An organization’s governing documents may include a charter, articles of incorporation or association, a constitution, bylaws, and rules. A charter or articles of incorporation or association, if they have been granted or adopted, are an organization’s
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jus (j[schwa]s also joos or yoos), n. [Latin “law, right”] 1. Law in the abstract. 2. A system of law. 3. A legal right, power, or principle. 4. Roman law. Man-made law. • The term usu. refers to a right rather than a statute. Cf. FAS(1); JUS ANTIQUUM; LEX. — Abbr. J. — Also spelled
judicium (joo-dish-ee-[schwa]m), n. [Latin] Hist. 1. A judgment. 2. A judicial proceeding; a trial. 3. A court or tribunal. • In Roman law, the plural judicia refers to criminal courts. Pl. judicia. judicium capitale (kap-i-tay-lee). [Latin] Hist. A judgment of death; a capital sentence. judicium parium (par-ee-[schwa]m). [Latin] Hist. A judgment of one’s peers; a
testatum (tes-tay-t[schwa]m). [Latin “attested”] Hist. A writ issued in a county where a defendant or a defendant’s property is located when venue lies in another county. • This writ, when issued after a ground writ, allowed the seizure of the defendant or the defendant’s property in another county. — Also termed testatum bill; testatum writ;
Code of Professional Responsibility 〈美〉《律师职业责任法典》 美国律师协会〔ABA〕制定的《模范律师职业责任法典》〔Model Code of Professional Responsibility〕包含了若干基本的律师职业行为和职业道德准则及惩戒规则。多数州也已依此模范法典制订了类似的法典。1983年美国律师协会又制定了《模范律师职业行为规则》〔Model Rules of Professional Conduct〕，取代了该模范法典。
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grandparent rights. A grandfather’s or grandmother’s rights in seeking visitation with a grandchild. • By statute in most states, in certain circumstances a grandparent may seek court-ordered visitation with a grandchild. Typically these circumstances include the death of the grandparents’ child (the child’s parent) and the divorce of the child’s parents. But the United States
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A system by which an intestate’s estate escheats to the state only if the decedent leaves no surviving relatives, no matter how distant. • Universal inheritance has been abandoned in almost all Anglo-American jurisdictions. See UNIVERSAL-INHERITANCE RULE.
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selective prospectivity. A court’s decision to apply a new rule of law in the particular case in which the new rule is announced, but to apply the old rule in all other cases pending at the time the new rule is announced or in which the facts predate the new rule’s announcement. [Cases: Courts 100(1).C.J.S.
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