Search Results for: COLLATE

collateral matter

collateral matter. Evidence. Any matter on which evidence could not have been introduced for a relevant purpose. • If a witness has erred in testifying about a detail that is collateral to the relevant facts, then another party cannot call witnesses to contradict that point — cross-examination alone must suffice. [Cases: Evidence 99; Wit-nesses 405. […]

collateral matter Read More »

collateral attack

collateral attack. An attack on a judgment in a proceeding other than a direct appeal; esp., an attempt to undermine a judgment through a judicial proceeding in which the ground of the proceeding (or a defense in the proceeding) is that the judgment is ineffective. • A petition for a writ of habeas corpus is

collateral attack Read More »

administrative collateral estoppel

administrative collateral estoppel 行政上的间接不容否认原则 适用于相同当事人间的两个不同案件。新案件中的某一事项和原案件完全或部分相同,已在原案件中决定。在这种情况下,行政机关在决定新案件时,对于其中和原案件相同的事项,适用一事不再理的原则,不再变更。间接不容否认原则只适用于原案件中已经决定的问题,不适用于原案中可以决定而未决定的问题。

administrative collateral estoppel Read More »

collateral source rule

collateral-source rule. Torts. The doctrine that if an injured party receives compensation for the injuries from a source independent of the tortfeasor, the payment should not be deducted from the damages that the tortfeasor must pay. • Insurance proceeds are the most common collateral source. — Also termed collateral-benefit rule. [Cases: Damages 59. C.J.S. Damages

collateral source rule Read More »

collateral descent

Descent in a collateral or oblique line, from brother to brother or cousin to cousin. • With collateral descent, the donor and donee are related through a common ancestor. Cf. collateral descendant under DESCENDANT. [Cases: Descent and Distribution 32–41. C.J.S. Descent and Distribution §§ 29, 38–49.]

collateral descent Read More »

Scroll to Top