habendum clause (h[schwa]-ben-d[schwa]m). 1. The part of an instrument, such as a deed or will, that defines the extent of the interest being granted and any conditions affecting the grant. • The introductory words to the clause are ordinarily to have and to hold. — Also termed to-have-and-to-hold clause. [Cases: Deeds 120. C.J.S. Deeds §§ […]
A defense that rebuts the criminal elements that a prosecutor must establish to justify the submission of a criminal case to a jury.
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A type of rebuttable presumption that may be, but as a matter of law need not be, drawn from another established fact or group of facts [the possessor of recently stolen goods is, by presumption of fact, considered the thief]. — Also termed factual presumption. [Cases: Evidence 53, 87. C.J.S. Evidence §§ 2, 130–135, 152–154,
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felony-murder rule. The doctrine holding that any death resulting from the commission or attempted commission of a felony is murder. • Most states restrict this rule to inherently dangerous felonies such as rape, arson, robbery, and burglary. Cf. MISDEMEANOR-MANSLAUGHTER RULE. [Cases: Homicide 575.] “[I]t seems fair to suggest that the future of felony murder is
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apocha trium annorum (ap-[schwa]-k[schwa] trI-[schwa]m [schwa]-nor-[ schwa]m). [Latin “receipt for three years”] Scots law. Hist. Receipts for three consecutive periodic payments, the production of which gave rise to a presumption that prior installments had been properly paid. “The production by the debtor of receipts for the last three consecutive installments of a termly payment, such
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parental-preference doctrine. The principle that custody of a minor child should ordinarily be granted to a fit parent rather than another person. • The preference can be rebutted by proof that the child’s best interests are to the contrary. — Also termed parental-rights doctrine; parental-superior-rights doctrine; parental-presumption rule. Cf. BEST INTERESTS OF THE CHILD. [Cases:
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可反驳的推断 英语：rebuttable presumption 法语：présomption réfragable 德语：widerlegbare Vermutung 意大利语：presunzione iuris tantum (confutabile) 西班牙语：presunción refutable
A rebuttable or conclusive presumption that is created by statute. [Cases: Evidence 53. C.J.S. Evidence §§ 2, 130–132, 134, 1341.]
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prima facie presumption 初步推定 在被当事人提出的相反证据推翻以前有效的推定，即可反驳的推定〔rebuttable presumption〕。与不可反驳的推定〔conclusive presumption〕相对。
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The age at which a person becomes able to distinguish right from wrong and is thus legally capable of committing a crime or tort. • The age of reason varies from jurisdiction to jurisdiction, but 7 years is traditionally the age below which a child is conclusively presumed not to have committed a crime or