Scots law. A marriage by consensual contract, without the necessity of a formal ceremony. • Until 1940, Scots law retained the medieval canon-law forms of marriage per verba de praesenti and per verba de futuro subsequente copula. These promises constituted irregular but valid marriages. Scots law still retains the irregular marriage by cohabitation with habit […]
saving clause. 1. A statutory provision exempting from coverage something that would otherwise be included. • A saving clause is generally used in a repealing act to preserve rights and claims that would otherwise be lost. [Cases: Statutes 228, 277. C.J.S. Statutes §§ 370–372, 431.] 2. SAVING-TO-SUITORS CLAUSE. 3. SEVERABILITY CLAUSE. — Also termed savings
CASA volunteer. Family law. A specially screened and trained child-welfare volunteer appointed by the court to conduct an independent investigation of both the state agency and the family and to submit a report with findings and recommendations. • In some jurisdictions, such volunteers are provided for statutorily. They sometimes act as guardians ad litem. The
An amount awarded to a complainant to compensate for a proven injury or loss; damages that repay actual losses. — Also termed compensatory damages; tangible damages; real damages. [Cases: Damages 15. C.J.S. Damages §§ 21–22.]
Hilary Rules. Hist. A collection of English pleading rules designed to ease the strict pleading requirements of the special-pleading system, esp. by limiting the scope of the general issue in the formed actions and by forcing the defendant to set up affirmatively all matters other than a denial of the breach of duty or of
A director elected from outside a corporation’s shareholders or an organization’s membership to represent the public interest.
A loan with a specified due date, usu. of more than one year. • Such a loan typically cannot be repaid before maturity without incurring a penalty. — Also termed time loan. Cf. call loan. [Cases: Bills and Notes 129(1). C.J.S. Bills and Notes; Letters of Credit §§ 86–89, 91.]
probate estate. A decedent’s property subject to administration by a personal representative. • The probate estate comprises property owned by the decedent at the time of death and property acquired by the decedent’s estate at or after the time of death. — Also termed probate property. See decedent’s estate under ESTATE(3). [Cases: Executors and Administrators
corporate authority. 1. The power rightfully wielded by officers of a corporation. [Cases: Corporations 297, 300–303. C.J.S. Corporations §§ 460–461, 469–471.] 2. In some jurisdictions, a municipal officer, esp. one empowered to represent the municipality in certain statutory matters. [Cases: Municipal Corporations 168. C.J.S. Municipal Corporations § 370.]
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clear and convincing proof 清楚且令人确信的证明 能够确定争议的基本事实具有合理的真实性的一种证明程度。它高于证据优势〔preponderance of evidence〕的证明程度，但低于排除合理怀疑〔beyond a reasonable doubt〕的证明程度。它对事实的确认只达到一种高度的盖然性。
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