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 […]
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
obsignation, n. A formal ratification or confirmation, esp. by an official seal. — obsignatory (ob-sig-n[schwa]-tor-ee), adj.
criminative (krim-[schwa]-nay-tiv), adj. Of, relating to, or involving incrimination or accusation. Cf. IN-FIRMATIVE.
recognition, n. 1. Confirmation that an act done by another person was authorized. See RATIFICATION. [Cases: Principal and Agent 170(2).C.J.S. Agency § 88.] 2. The formal admission that a person, entity, or thing has a particular status; esp. a nation’s act in formally acknowledging the existence of another nation or national government. 3. Parliamentary law.
Hist. A species of tenure in which land is held in perpetuity at a yearly rent (fee-farm rent), without fealty, homage, or other services than those in the feoffment. — Also termed feodi firma; firma feodi. See EMPHYTEUSIS.
An equitable plea that affirmatively alleges new matters that are outside the bill. • If proved, the effect is to end the controversy by dismissing, delaying, or barring the suit. A pure plea must track the allegations of the bill, not evade it or mistake its purpose. Originally, this was the only plea known in
quare ejecit infra terminum 〈拉〉〈英〉缘何于租期内逐出承租人 侵权令的一种。这是一种针对侵权人并非地产的所有人而是其封臣或其权利依附于他的人发生侵权行为而发出的令状。与此相关的另一种令状是驱逐租地人之令〔ejectione firmae〕，它开始的是驱逐之诉〔ejectment〕，侵权人可以是包括出租人在内的任何人。这两种诉讼都是混合诉讼〔mixed action〕，都是既返还地产，又可以请求赔偿。前者在拟制的侵入土地之诉引进之后便被弃置不用，并于1833年被正式取消，因为该拟制诉讼不再考虑侵权人是如何获取对土地的权利的。 (→quare actions; ejection)
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A warranty created by the overt words or actions of the seller. • Under the UCC, an express warranty is created by any of the following: (1) an affirmation of fact or promise made by the seller to the buyer relating to the goods that becomes the basis of the bargain; (2) a description of
decision on appeal 上诉审法院的判决 上诉审法院的判决形式可以是维持原判〔affirmance〕、撤销原判〔reversal〕、改判〔modification〕、终结诉讼〔dismissal〕或要求下级法院重审等。
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