preexisting duty
A duty that one is already legally bound to perform. See PREEXISTING-DUTY RULE.
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castle doctrine
castle doctrine. Criminal law. An exception to the retreat rule allowing the use of deadly force by a person who is protecting his or her home and its inhabitants from attack, esp. from a trespasser who intends to commit a felony or inflict serious bodily harm. — Also termed dwelling defense; defense of habitation. See
lieber code
Lieber Code. A codification of rules and customs of warfare, first developed by Francis Lieber during the American Revolution, formally adopted as law by Abraham Lincoln during the Civil War, and used as the basis for the first codified international rules of law at The Hague Peace Conference of 1899. • The rules were extended
notice to plead
notice to plead 要求答辩的通知 指原告向被告发出的要求被告必须在指定期限内作出答辩的书面通知。美国《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕要求在传票中应告知被告如果未能在指定期限内出庭和作出答辩将导致法院作出缺席判决。
distraction doctrine
distraction doctrine. The rule that a plaintiff may not be guilty of contributory negligence if the plaintiff’s attention was diverted from a known danger by a sufficient cause. See contributory negligence under NEGLIGENCE. [Cases: Negligence 506(3), 1286(3). C.J.S. Negligence §§ 234, 635.]
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actual innocence
Criminal law. The absence of facts that are prerequisites for the sentence given to a defendant. • In death-penalty cases, actual innocence is an exception to the cause-and-prejudice rule, and can result in a successful challenge to the death sentence on the basis of a defense that was not presented to the trial court. The
reverse confusion doctrine
reverse-confusion doctrine. Intellectual property. The rule that it is unfair competition if the defendant’s use of a title that is confusingly similar to the one used by the plaintiff leads the public to believe that the plaintiff’s work is the same as the defendant’s, or that it is derived from or associated in some manner
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collateral promise
A promise to guarantee the debt of another, made primarily without benefit to the party making the promise. • Unlike an original promise, a collateral promise must be in writing to be enforceable. See MAIN-PURPOSE RULEE. [Cases: Guaranty 1.]
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pure comparative negligence doctrine
pure-comparative-negligence doctrine. The principle that liability for negligence is apportioned in accordance with the percentage of fault that the fact-finder assigns to each party and that a plaintiff’s percentage of fault reduces the amount of recoverable damages but does not bar recovery. See comparative negligence under NEGLIGENCE; APPORTIONMENT OF LIABILITY. Cf. 50-PERCENT RULE. [Cases: Negligence
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federal common law
federal common law 〈美〉联邦普通法 尽管在美国并不存在区别于各州自己采纳并作为当地的法律适用的国家普通法，不过就美国宪法、条约和法律可依普通法原则来解释而言，的确存在联邦普通法。进言之，在有关实质上涉及联邦政府或部门的利益或责任事务中实体问题的案件里，联邦法院也可以适用普通法原则。但联邦普通法的适用受到伊利原则〔Erie doctrine〕和《裁判规则法》〔Rules of Decision Act〕的限制，即除宪法、美国所订立的条约及国会所制定的法律支配的案件外，联邦法院须适用各州的法律。联邦普通法的适用范围包括联邦专利利益、海事及对外关系。(→common law；Erie v.Tompkins；Rules of Decision Act； Swift v. Tyson Case)
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