self-help n. 自助；自力救济；私力救济 指不通过正常的法律程序而依靠自己的行为矫正被发现的不法行为。在英国，自力救济包括自卫〔self-defense〕、扣留牲畜要求赔偿损失〔distress damage feasant〕、排除侵扰〔abatement of nuisance〕和逮捕罪犯等措施。美国《统一商法典》〔U.C.C.〕和其他的制定法，也允许在不干扰和平的条件下实施自力救济，如实施占有。又称「self-redress」或「extrajudicial enforcement」。 (→self-preservation)
de secta ad molendinum (dee sek-t[schwa] ad m[schwa]-len-di-n[schwa]m), n. [Law Latin “of suit at mill”] Hist. A writ forcing a person to continue grinding corn at a particular mill, as was customary, or to give a good reason why the custom should not be continued. “There are also other services, due by ancient custom and
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plaintiff’s-viewpoint rule. The principle that courts should measure the amount in controversy in a case by analyzing only the amount of damages claimed by the plaintiff. [Cases: Courts 167; Federal Courts 339.]
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mitigate (mit-[schwa]-gayt), vb. To make less severe or intense (the fired employee mitigated her damages for wrongful termination by accepting a new job). Cf. MILITATE. — mitigation, n. — mitigatory (mit-[schwa]-g[ schwa]-tor-ee), adj.
A request addressed to the court and appearing at the end of a pleading; esp., a request for specific relief or damages. — Often shortened to prayer. — Also termed demand for relief. See AD DAMNUM CLAUSE. [Cases: Federal Civil Procedure 680; Pleading 72. C.J.S. Pleading §§ 110–115.]
A condition that interferes with a person’s enjoyment of property; esp., a structure or other condition erected or put on nearby land, creating or continuing an invasion of the actor’s land and amounting to a trespass to it. • The condition constitutes a tort for which the adversely affected person may recover damages or obtain
chose (shohz), n. [French] A thing, whether tangible or intangible; a personal article; a chattel. See THING. chose in action. 1. A proprietary right in personam, such as a debt owed by another person, a share in a joint-stock company, or a claim for damages in tort. [Cases: Property 5. 5. C.J.S. Property § 22;
injuria (in-joor-ee-[schwa]), n. [Latin] Roman law. 1. See WRONG. Cf. DAMNUM INJURIA DATUM ; actio injuriarum under ACTIO. 2. An assault on a person’s reputation or body. Pl. injuriae (in-joor-ee-ee). “By injuria (or outrage), as the fourth ground of delict obligation, is meant some affronting wrong, calculated to wound the self-respect and touch the honor
violent profits. Scots law. Penal damages imposed against a tenant who refused to surrender rented property to the landlord.
drainage district. A political subdivision authorized to levy assessments for making drainage improvements within its area. [Cases: Drains 12. C.J.S. Drains § 8.] “In the United States there are numerous special districts that administer drainage projects. They are typically formed under state law after a local election or petition showing consent of a majority of