minutes. 1. Memoranda or notes of a transaction or proceeding. 2. Parliamentary law. The formal record of a deliberative assembly’s proceedings, approved (as corrected, if necessary) by the assembly. — Also termed journal; record; report. See DISPENSE WITH THE READING OF THE MINUTES; SPREAD UPON THE MINUTES . “The minutes of an organization include a […]
administrative law. The law governing the organization and operation of administrative agencies (including executive and independent agencies) and the relations of administrative agencies with the legislature, the execu-tive, the judiciary, and the public. • Administrative law is divided into three parts: (1) the statutes endowing agencies with powers and establishing rules of substantive law relating
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noncitable, adj. Not authorized by a court to be used as legal precedent. • In general, unpublished opinions are noncitable, although court rules vary. — Also termed uncitable. Cf. CITABLE.
Declaration of Paris. An international agreement, signed by Great Britain, France, Turkey, Sardinia, Austria, Prussia, and Russia in 1856 (at the end of the Crimean War), providing that (1) privateering is illegal, (2) with the exception of contraband, a neutral flag covers an enemy’s goods, (3) with the exception of contraband, neutral goods cannot be
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The law governing the organization and operation of administrative agencies (including executive and independent agencies) and the relations of administrative agencies with the legislature, the execu-tive, the judiciary, and the public. • Administrative law is divided into three parts: (1) the statutes endowing agencies with powers and establishing rules of substantive law relating to those
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parliamentarian. Parliamentary law. A consultant trained in parliamentary law who advises the chair and others on matters of parliamentary law and procedure. • The parliamentarian, who is often a professional, only advises and never “rules” on procedural issues. See PARLIAMENTARY LAW; PARLIAMENTARY PROCEDURE . “The parliamentarian is a consultant, commonly a professional, who advises the
serious, adj. 1. (Of conduct, opinions, etc.) weighty; important (serious violation of rules). 2. (Of an injury, illness, accident, etc.) dangerous; potentially resulting in death or other severe consequences (serious bodily harm).
ratio decidendi (ray-shee-oh des-[schwa]-den-dI), n. [Latin “the reason for deciding”] 1. The principle or rule of law on which a court’s decision is founded (many poorly written judicial opinions do not contain a clearly ascertainable ratio decidendi). 2. The rule of law on which a later court thinks that a previous court founded its decision;
character evidence 品格证据 用来证明被告人、被害人或证人平时品格好坏的证据。在英美证据法上，品格证据一般不具有可采性，但有例外情况。如美国《联邦证据规则》〔Federal Rules of Evidence〕规定，有关某人品格的证据不能用以证明该人在特定场合的行为与其品格相一致，但如果是被告人提供的关于自己或被害人品格的证据，或者起诉方提供的用以反驳前述被告人提供的证据的证据，则具有可采性。此外，关于证人的可信性的品格证据可以受到评价证据〔opinion〕或名声证据〔reputation〕的攻击或支持。英国证据法也规定，有关诉讼当事人品格的证据不具有可采性，除非当事人的品格成为争议问题。并且，如果刑事被告人未提出其品格良好的证据或攻击起诉人或控方证人的品格，也不得向其提出关于其品格不良的问题。
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opinio juris sive necessitatis ([schwa]-pin-ee-oh joor-is sI-vee n[schwa]-ses-i-tay-tis). [Latin “opinion that an act is necessary by rule of law”] Int’l law. The principle that for conduct or a practice to become a rule of customary international law, it must be shown that nations believe that international law (rather than moral obligation) mandates the conduct or
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