legal fiction. An assumption that something is true even though it may be untrue, made esp. in judicial reasoning to alter how a legal rule operates; specif., a device by which a legal rule or institution is diverted from its original purpose to accomplish indirectly some other object. • The constructive trust is an example […]
useless-gesture exception. Criminal procedure. An exception to the knock-and-announce rule by which police are excused from having to announce their purpose before entering the premises to execute a warrant when it is evident from the circumstances that the authority and purpose of the police are known to those inside. See KNOCK-AND-ANNOUNCE RULE. [Cases: Searches and
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res judicata 〈拉〉既决事项；既判力；一事不再理 有合法管辖权的法院就案件作出终局判决后，在原当事人间不得就同一事项、同一诉讼标的、同一请求再次提起诉讼。法院作出的发生法律效力的判决是最终的决定。(→collateral estoppel; final decision rule; issue preclusion)
A job in which the essential terms and conditions of the employee’s work are controlled by two or more entities, as when a company hires a contractor to perform a task and retains control over the contractor’s employees in matters such as hiring, firing, discipline, conditions of employment, promulgation of work rules, assignment of day-to-day
chain of custody. 1. The movement and location of real evidence, and the history of those persons who had it in their custody, from the time it is obtained to the time it is presented in court. [Cases: Criminal Law 404.30; Evidence 188. C.J.S. Criminal Law § 846; Evidence §§ 789–791, 794, 796.] “Chain of
coming-to-rest doctrine. Insurance. The principle that coverage of shipped goods ends when the goods are un-loaded and any cables or other links to the transporting vehicle have been disconnected. • The coming-to-rest doctrine covers only the movement of goods from the shipping vehicle to a place of rest outside the vehicle, in contrast to the
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attorney’s work product 律师职务活动成果；律师工作成果(→work product rule)
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Damages that are not clearly the result of a wrong. • The rule against allowing recovery of uncertain damages refers to these damages, not damages that are uncertain only in amount. [Cases: Damages 6. C.J.S. Damages §§ 38–41, 299.]
boundary. 1. A natural or artificial separation that delineates the confines of real property (the creek serves as a boundary between the two properties). See METES AND BOUNDS. [Cases: Boundaries 1–25. C.J.S. Boundaries §§ 2–63.] “The object of all rules for the establishment of boundaries is to ascertain the actual location of the boundary as
item. 1. A piece of a whole, not necessarily separated. 2. Commercial law. A negotiable instrument or a promise or order to pay money handled by a bank for collection or payment. • The term does not include a payment order governed by division 11 of the UCC or a credit- or debit-card slip. UCC