undertaking n. (1)允诺；保证 在一般意义上，该词与允诺〔promise〕相同，在早期作品中，亦以「undertaker」指称允诺人〔promisor〕。但它通常在专门意义上被使用，即指一方当事人或其代理律师在法律程序中所作的允诺，以此为条件取得法院或对方当事人作出某些让步。因此，如欲获得中间禁制令，法院一般会要求原告作出赔偿损失之保证，一旦在此后证明原告无权获得禁制令，而该禁制令已给被告造成损失的，则原告须对此承担赔偿责任。反之，如果原告申请法院发布禁制令，而被告请求延期的，则其通常被要求作出保证，在此期间内停止实施原告诉称之行为；如果涉及对专利权等的侵害的，则其有时被要求作出保证，在延迟期间内保持其所制造或销售的全部物品的账单。此外还包括对财产权利证书予以安全保管的保证。 (2)保释保证书(→bail bond)
recapture, n. 1. The act or an instance of retaking or reacquiring; recovery. 2. The lawful taking by the government of earnings or profits exceeding a specified amount; esp., the government’s recovery of a tax benefit (such as a deduction or credit) by taxing income or property that no longer qualifies for the benefit. [Cases:
censor, n. 1. Roman law. (ital.) A Roman officer who acted as a census-taker, assessor, and reviewer of public morals. 2. A person who inspects publications, films, and the like for objectionable content. 3. In the armed forces, someone who reads letters and other communications and deletes material considered a security threat. — cen-sorial, adj.
verderer (v[schwa]r-d[schwa]r-[schwa]r), n. [fr. French verdier “caretaker of green things”] Hist. A judicial officer who, being in charge of the king’s forest, is sworn to preserve the vert (foliage) and venison, to keep the assizes, and to view, receive, and enroll attachments and presentments on matters involving trespass. — Also spelled verderor. “In all the
primary-caregiver doctrine. Family law. The presumption that, in a custody dispute, the parent who is a child’s main caregiver will be the child’s custodian, assuming that he or she is a fit parent. • This doctrine includes the quality and the quantity of care that a parent gives a child — but excludes supervisory care
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sacristan (sak-ri-st[schwa]n). [Latin] Hist. A caretaker of a church; a sexton of a church.
fence, n. 1. A person who receives stolen goods. — Also termed (historically) intaker. [Cases: Receiving Stolen Goods 4. C.J.S. Receiving or Transferring Stolen Goods and Related Offenses §§ 4, 6–7, 12.] “The receivers of stolen goods almost never ‘know’ that they have been stolen, in the sense that they could testify to it in
mainpernor (mayn-p[schwa]r-n[schwa]r), n. [Law French, fr. Old French main “hand” + pernor “taker”] Hist. 1. A surety for a prisoner’s appearance; one who gives mainprise for another. — Also termed mainpriser. “Mainpernors differ from bail, in that a man’s bail may imprison or surrender him up before the stipulated day of appearance; mainpernors can do
Divided equally among all members of a class of takers, including those who have predeceased the testator, so that no family stocks are cut off by the prior death of a taker. • For example, if T (the testator) has three children — A, B, and C — and C has two children but predeceases
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