dormant execution
dormant execution (1)后置执行令状 因未及时依令状扣押财产而丧失了优先执行效力的执行令状。 (2)搁延执行令状 由法院书记官已经正确填写并签字后，本可执行扣押，但注明「搁延」〔to lie〕字样，暂不发给有关官员执行扣押的令状。 (3)先行扣押暂缓执行令状 债权人发给行政司法官〔sheriff〕要求其在接到进一步的命令〔further orders〕或后续执行令〔junior execution〕之前仅能扣押财产而不能将其出售的令状。
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consignment sale
A sale of an owner’s property (such as clothing or furniture) by a third party entrusted to make the sale. UCC § 9-102(a)(20). See CONSIGNMENT. [Cases: Factors 5, 20; Sales 8. C.J.S. Bailments § 11; Sales§ 3.]
violence
violence. The use of physical force, usu. accompanied by fury, vehemence, or outrage; esp., physical force unlawfully exercised with the intent to harm. • Some courts have held that violence in labor disputes is not limited to physical contact or injury, but may include picketing conducted with misleading signs, false statements, erroneous publicity, and veiled
demurrage
demurrage (di-m[schwa]r-ij). (usu. pl.) Maritime law. 1. Liquidated damages owed by a charterer to a shipowner for the charterer’s failure to load or unload cargo by the agreed time. [Cases: Shipping 170. C.J.S. Shipping §§ 431–432.] contract demurrage. A demurrage paid by a vessel’s charterer if the time to load or unload the vessel at
postpone
postpone, vb. 1. To put off to a later time. 2. To place lower in precedence or importance; esp., to subordinate (a lien) to a later one. 3. Parliamentary law. To temporarily or permanently suppress a main motion. — postponement, n. postpone definitely. To delay a main motion’s consideration to a specified time or until
locality rule
locality rule. 1. The doctrine that, in a professional-malpractice suit, the standard of care to be applied to the professional’s conduct is the reasonable care exercised by similar professionals in the same vicinity and professional community. [Cases: Health 620.] “With respect to medical doctors (and sometimes dentists and others), the standard of care has been
reasonable development covenant
reasonable-development covenant. Oil & gas. The implied promise in an oil-and-gas lease that once production is obtained the lessee will continue to develop the property as would a reasonably prudent operator, as opposed to merely holding the lease by the production already obtained. See FURTHER-EXPLORATION COVENANT T.
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legal positivism
legal positivism, n. The theory that legal rules are valid only because they are enacted by an existing political authority or accepted as binding in a given society, not because they are grounded in morality or in natural law. • Legal positivism has been espoused by such scholars as H.L.A. Hart. See POSITIVE LAW. Cf.
retributivism
retributivism (ri-trib-y[schwa]-t[schwa]-viz-[schwa]m). The legal theory by which criminal punishment is justified, as long as the offender is morally accountable, regardless of whether deterrence or other good consequences would result. • According to retributivism, a criminal is thought to have a debt to pay to society, which is paid by punishment. The punishment is also sometimes
costs of increase
costs of increase. Costs of court awarded in addition to what a jury awards. • Juries usu. awarded the successful party only a small sum for costs. A party wishing to recoup the additional costs had to file an affidavit of increase setting forth what further costs were incurred by taking the matter through trial.