headnote lawyer
headnote lawyer 判决提要律师 指依赖判决提要而忽略阅读判决本身的律师。
metalaw (met-[schwa]-law). A hypothetical set of legal principles based on the rules of existing legal systems and designed to provide a framework of agreement for these different systems. “[T]he Constitution controls the deployment of governmental power and defines the rules for how such power may be structured and applied. The Constitution, therefore, is not a
local-law theory. Conflict of laws. The view that, although a court of the forum recognizes and enforces a local right (that is, one created under its own law), in a foreign-element case it does not necessarily apply the rule that would govern an analogous case of a purely domestic character, but instead takes into account
notarial, adj. Of or relating to the official acts of a notary public (a notarial seal). — Also spelled (in Scots law) notorial. See NOTARY PUBLIC. [Cases: Notaries 6. C.J.S. Notaries §§ 11, 15, 17.]
customary law. Law consisting of customs that are accepted as legal requirements or obligatory rules of conduct; practices and beliefs that are so vital and intrinsic a part of a social and economic system that they are treated as if they were laws. — Also termed consuetudinary law. “In contrast with the statute, customary law
A court’s acceptance, for purposes of convenience and without requiring a party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact [the trial court took judicial notice of the fact that water freezes at 32 degrees Fahrenheit].Fed. R. Evid. 201. — Also termed judicial cognizance; judicial knowledge. [Cases: Criminal
inadequate remedy at law. A remedy (such as money damages) that does not sufficiently correct the wrong, as a result of which an injunction may be available to the disadvantaged party. See IRREPARABLE-INJURY RULE. [Cases: Injunction 17, 138. 9. C.J.S. Injunctions §§ 30–31.]
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conflict of laws. 1. A difference between the laws of different states or countries in a case in which a transaction or occurrence central to the case has a connection to two or more jurisdictions. — Often shortened to conflict. Cf. CHOICE OF LAW. [Cases: Action 17. C.J.S. Actions §§ 18–20; Conflict of Laws §§
notarius (noh-tair-ee-[schwa]s), n. [fr. Latin nota “a character or mark”] 1. Roman law. A writer (sometimes a slave) who takes dictation or records proceedings by shorthand. • A notarius was later also called a scriba. 2. Roman law. An officer of the court who takes a magistrate’s dictation by shorthand. Cf. SCRIBA. 3. Hist. An
sixty-day notice. Labor law. Under the Taft–Hartley Act, the 60-day advance notice required for either party to a collective-bargaining agreement to reopen or terminate the contract. • During this period, strikes and lockouts are prohibited. 29 USCA § 158(d)(1).