circuity of action. A procedure allowing duplicative lawsuits, leading to unnecessarily lengthy and indirect liti-gation, as when a defendant fails to bring a counterclaim, but later brings a separate action to recover what could have been awarded in the original lawsuit. • Civil-procedure rules have eliminated many problems associated with circuity of action. [Cases: Equity […]
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adstipulator (ad-stip-y[schwa]-lay-t[schwa]r), n. [Latin] Roman law. An additional party to a contract who could enforce the contract along with the principal (i.e., the stipulator). • An adstipulator who enforced an agreement would have to, in turn, pay the stipulator. An adstipulator was brought in to avoid the rule that a person could not directly stipulate
illegally obtained evidence 〈美〉非法获得的证据 在侵害被告人权利的情况下取得的证据，如执法官员没有取得逮捕证，并且不存在进行逮捕的可成立理由〔probable cause〕；或者令状有缺陷而又不存在可无证扣押的有效理由；或者违反了制定法和宪法上关于禁止非法搜查的规定，如美国宪法第四条修正案。对非法获得的证据在庭审中应予排除。 (→exclusionary rule；fruit of poisonous tree doctrine；suppression of evidence)
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American Bureau of Shipping. An organization of marine underwriters, shipbuilders, and marine carriers charged with conducting research, technological development, officer training, and standards of building, maintaining, and operating seagoing vessels and stationary offshore facilities. • The organization was founded in 1862 as the American Shipbuilders’ Association. Its name was changed in 1898, and it was
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same-conduct test. Criminal law. A test for determining whether a later charge arising out of a single incident is barred by the Double Jeopardy Clause; specif., an analysis of whether the later charge requires the state to prove the same conduct that it was required to prove in a previous trial against the same defendant.
negligent infliction of emotional distress. The tort of causing another severe emotional distress through one’s negligent conduct. • Most courts will allow a plaintiff to recover damages for emotional distress if the defendant’s conduct results in physical contact with the plaintiff or, when no contact occurs, if the plaintiff is in the zone of danger.
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lex loci contractus (leks loh-sI k[schwa]n-trak-t[schwa]s). [Latin] The law of the place where a contract is executed or to be performed. • Lex loci contractus is often the proper law by which to decide contractual disputes. — Often shortened to lex loci; lex contractus. [Cases: Contracts 144. C.J.S. Conflict of Laws §§ 91–93; Contracts §§
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pacta sunt servanda (pak-t[schwa] s[schwa]nt s[schwa]r-van-d[schwa]). [Latin “agreements must be kept”] The rule that agreements and stipulations, esp. those contained in treaties, must be observed (the Quebec courts have been faithful to the pacta sunt servanda principle). [Cases: Contracts 1. C.J.S. Contracts §§ 2–3, 9, 12.]
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A delegate bound to vote according to a constituency’s expressed wishes. Cf. uninstructed delegate; UNIT RULE(2).
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public-records exception. The exception from the hearsay rule for the contents of certain public records or the absence of a record where it would ordinarily be kept in public archives. Fed. R. Evid. 803(8)–(10).
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