prize law. The system of laws applicable to the capture of prize at sea, dealing with such matters as the rights of captors and the distribution of the proceeds. [Cases: War and National Emergency 28. C.J.S. War and National Defense §§ 29–32, 34–45.]
fetial law (fee-sh[schwa]l).Roman law. A branch of law concerned with matters (such as treaties, embassies, and war declarations) affecting relations between peoples or nations. — Also spelled fecial law. — Also termed jus fetiale.
humanitarian law. Int’l law. Law dealing with such matters as the permissible use of weapons and other means of warfare, the treatment of prisoners of war and civilian populations in armed conflicts, and generally the direct impact of war on human life and liberty. • Most existing rules composing humanitarian law are codified in the
The body of decisional law derived from federal courts when adjudicating federal questions and other matters of federal concern, such as disputes between the states and foreign relations, but excluding all cases governed by state law. • An example is the nonstatutory law applying to interstate streams of commerce. [Cases: Federal Courts 374.]
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matter, n. 1. A subject under consideration, esp. involving a dispute or litigation; CASE(1) (this is the only matter on the court’s docket today). 2. Something that is to be tried or proved; an allegation forming the basis of a claim or defense (the matters raised in the plaintiff’s complaint are not actionable under state
nonstatutory subject matter. Patents. A thing that does not fit into any of the categories of things that by law can be patented. • Examples are works of nature, abstract ideas, and human movements. [Cases: Patents 1. C.J.S. Patents §§ 1–5, 10–12, 15.]
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consolidated laws 〈美〉法律汇编 对每个州的现行法律按类别〔subject matter〕编辑的汇编。 (→code; codification; compilation)
lawyer-witness rule. The principle that an attorney who will likely be called as a fact witness at trial may not participate as an advocate in the case, unless the testimony will be about an uncontested matter or the amount of attorney’s fees in the case, or if disqualifying the attorney would create a substantial hardship
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personal law. The law that governs a person’s family matters, usu. regardless of where the person goes. • In common-law systems, personal law refers to the law of the person’s domicile. In civil-law systems, it refers to the law of the individual’s nationality (and so is sometimes called lex patriae). Cf. TERRITORIAL LAW. “The idea
Common-law pleading. Out-of-the-ordinary evidence that a defendant is allowed to enter, after notice to the plaintiff, under a plea of the general issue.