Search Results for: STATE OF NATURE

usufructuary

usufructuary (yoo-z[schwa]-fr[schwa]k-choo-er-ee), adj. Roman & civil law. Of or relating to a usufruct; of the nature of a usufruct. usufructuary, n. Roman & civil law. One having the right to a usufruct; specif., a person who has the right to the benefits of another’s property; a life-renter. [Cases: Estates in Property 1. C.J.S. Estates §§ […]

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civil contempt

The failure to obey a court order that was issued for another party’s benefit. • A civil-contempt proceeding is coercive or remedial in nature. The usual sanction is to confine the contemnor until he or she complies with the court order. The act (or failure to act) complained of must be within the defendant’s power

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malicious mischief

malicious mischief. The common-law misdemeanor of intentionally destroying or damaging another’s property. • Although modern statutes predominantly make this offense a misdemeanor, a few make it a felony (depending on the nature of the property or its value). See Model Penal Code § 220. 3. — Also termed malicious mischief and trespass; malicious injury; malicious

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mcnaghten rules

McNaghten rules (mik-nawt-[schwa]n).Criminal law. The doctrine that a person is not criminally responsible for an act when a mental disability prevented the person from knowing either the nature and quality of the act or whether the act was right or wrong. • The federal courts and most states have adopted this test in some form.

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clean hands doctrine

clean-hands doctrine. The principle that a party cannot seek equitable relief or assert an equitable defense if that party has violated an equitable principle, such as good faith. • Such a party is described as having “unclean hands.” For example, § 8 of the Uniform Child Custody Jurisdiction Act contains an unclean-hands provision that forbids

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ravishment

ravishment, n. Archaic. 1. Forcible seizure and carrying off of another person (esp. a woman); ABDUCTION. 2. RAPE(1). • In this sense the term is widely considered inappropriate for modern usage, given its romantic connotations (in other contexts) of ecstasy and delight. In the Restatement (First) of Torts § 65a, the word was defined as

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international law

The legal system governing the relationships between nations; more modernly, the law of international relations, embracing not only nations but also such participants as international organizations and individuals (such as those who invoke their human rights or commit war crimes). — Also termed public international law; law of nations; law of nature and nations; jus

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stray remarks

stray remarks. Employment law. Statements to or about an employee by a coworker or supervisor, concerning the employee’s race, sex, age, national origin, or other status, that are either objectively or subjectively offensive, but that do not represent harassment or discrimination by the employer because of (1) their sporadic, unsystematic, and unofficial nature, (2) the

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