jus commune (j[schwa]s k[schwa]-myoo-nee), n. 1. Roman & civil law. The common or public law or right, as opposed to a law or right established for special purposes. Cf. JUS SINGULARE. 2. The common law of England. See COMMON LAW(3). 3. The shared law of much of continental Western Europe during the Middle Ages, consisting […]
debtor’s examination. Bankruptcy. A meeting between a debtor and his or her creditors during which the creditors ask the debtor questions designed to uncover information about the location and extent of the debtor’s assets and the dischargeability of debts. • The examination may be conducted under § 343 of the Bankruptcy Code or Rule 2004
debtor’s examination Read More »
A legacy that never had any legal existence. • The subject matter of such a legacy is treated as a part of the estate and passes under the residuary clause of a will or (in the absence of a residuary clause) under the rules for intestate succession. [Cases: Wills 849–872. C.J.S. Wills §§ 96, 1822–1840,
工作成果规则（律师） 英语：work product rule (attorney) (US) 法语：secret professionnel visant les pensées/documents de l’avocat 德语：vertrauliche Rechtsanwaltsarbeit 意大利语：segreto professionale dell’avvocato 西班牙语：secreto profesional (trabajo confidencial)
exigent list. A list of cases set down for hearing upon various incidental and ancillary motions and rules.
out of order. 1. (Of a motion) not in order (the motion is out of order because it conflicts with the bylaws). See IN ORDER. • A motion may be “out of order” because it is inherently inappropriate for the deliberative assembly’s consideration at any time (e.g., because it proposes an unlawful action). A motion
year and a day. The common-law time limit fixed for various purposes, such as claiming rights, exemptions, or property (such as rights to wreckage or estrays) or for prosecuting certain acts — so called because a year was formerly counted to include the first and last day, meaning that a year from January 1 was
soft law. 1. Collectively, rules that are neither strictly binding nor completely lacking in legal significance. 2. Int’l law. Guidelines, policy declarations, or codes of conduct that set standards of conduct but are not legally binding.
descent and distribution. 1. See intestate succession under SUCCESSION(2). 2. Broadly, the rules by which a decedent’s property is passed, whether by intestate succession or by will. See DISTRIBUTION(1).
descent and distribution Read More »
duplicity n. (1)诉状中主张事实的复合 也称诉因或答辩理由并陈，为普通法上诉答程序中的一种技术性错误，指在一项诉讼理由〔count〕中陈述了两个或两个以上的诉因〔cause of action〕，或者在一项答辩〔plea〕中提出了两个或两个以上的答辩理由〔ground of defense〕。普通法上一般禁止多项诉因或答辩理由并陈，但现在英国对该规则的限制已宽松了许多，美国的《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕也允许提出此种诉状。 (2)数罪并诉 指在公诉书的同一罪项〔count〕中指控两项或两项以上的罪行。这在法律上是禁止的。 (3)立法项目并立指在同一立法中对两种或两种以上不相一致的主题作出规定。 (4)欺骗；口是心非；言行不一