accretion ([schwa]-kree-sh[schwa]n). 1. The gradual accumulation of land by natural forces, esp. as alluvium is added to land situated on the bank of a river or on the seashore. Cf. ALLUVION; AVULSION(2); DELICTION; EROSION. [Cases: Navigable Waters 44; Waters and Water Courses 93. C.J.S. Navigable Waters § 94; Waters §§ 177–182, 184–185.] 2. Any increase […]
诉讼 英语：litigation 法语：contentieux 德语：Rechtsstreitigkeit 意大利语：controversia legale, processo 西班牙语：litigio, pleito
recklessness, n. 1. Conduct whereby the actor does not desire harmful consequence but nonetheless foresees the possibility and consciously takes the risk. • Recklessness involves a greater degree of fault than negligence but a lesser degree of fault than intentional wrongdoing. [Cases: Negligence 274. C.J.S. Negligence §§ 104–105, 109.] 2. The state of mind in
prudent-investor rule. Trusts. The principle that a fiduciary must invest in only those securities or portfolios of securities that a reasonable person would buy. • The origin of the prudent-investor rule is Harvard College v. Amory, 26 Mass. 446 (1830). This case stressed two points for a trustee to consider when making investments: probable income
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court a quo. See COURT. COURT BARON court baron. Hist. A manorial court with jurisdiction over amounts in controversy of 40 shillings or less. • Ac-cording to some authorities, the court baron developed into two courts: the customary court baron for disputes involving copyholders, and the court baron proper (also known as the freeholders’ court
cat n. (1)猫 充当宠物以供主人取乐的猫是家畜，它可以成为损害赔偿诉讼〔trover〕等民事诉讼的标的，可以成为征税对象，也是制定法中禁止虐待的动物，但猫不能成为普通法中的被窃物。 (2)长舌妇 (3)九尾鞭 带九条皮鞭的刑鞭〔cat-o’-nine-tails〕。
An action, usu. unethical, brought solely to obtain a judicial opinion on an issue of fact or law, rather than for the disposition of a controversy. [Cases: Action 8. C.J.S. Actions §§ 34–35, 37.]
An equitable remedy that a court imposes against one who has obtained property by wrongdoing. • A constructive trust, imposed to prevent unjust enrichment, creates no fiduciary relationship. Despite its name, it is not a trust at all. Cf. resulting trust. — Also termed implied trust; involuntary trust; trust de son tort; trust ex delicto;
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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
detinue (det-i-nyoo or -noo). A common-law action to recover personal property wrongfully taken by another. Cf. REPLEVIN; TROVER. [Cases: Detinue 1. C.J.S. Detinue § 1.] “A claim in detinue lies at the suit of a person who has an immediate right to the possession of the goods against a person who is in actual possession