A court that informally and expeditiously adjudicates claims that seek damages below a specified monetary amount, usu. claims to collect small accounts or debts. — Also termed small-debts court; conciliation court. [Cases: Courts 174.]
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Public Vessels Act. A federal law enacted in 1925 to allow claims against the United States for damages caused by one of its vessels. 46 USCA app. §§ 781–790. — Abbr. PVA. [Cases: United States 78(7).]
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dram-shop act. A statute allowing a plaintiff to recover damages from a commercial seller of alcoholic beverages for the plaintiff’s injuries caused by a customer’s intoxication. — Also termed civil-liability act; civil-damage law. [Cases: Intoxicating Liquors 282–324. C.J.S. Intoxicating Liquors §§ 428–463.] “Largely at the behest of the temperance movement, statutes (called ‘dram shop acts’)
incapable of being ascertained 不能被确实核定 指在陪审团或事实审理者〔trier of the facts〕缺乏指导其确定违约所致实际损害数额的规则时，可以根据契约中约定的违约赔偿金〔liquidated damages〕条款认定，其性质不同于罚金〔penalty〕。
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duty to mitigate (mit-i-gayt). A nonbreaching party’s or tort victim’s duty to make reasonable efforts to limit losses resulting from the other party’s breach or tort. • Not doing so precludes the party from collecting damages that might have been avoided. See MITIGATION-OF-DAMAGES DOCTRINE. [Cases: Sales 384(1), 418(7). C.J.S. Sales §§ 363, 365–366, 391–393, 403.]
ad damnum clause (ad dam-n[schwa]m). [Latin “to the damage”] A clause in a prayer for relief stating the amount of damages claimed. See PRAYER FOR RELIEF . [Cases: Federal Civil Procedure 679; Pleading 72. C.J.S. Pleading §§ 110–115.] “Where the amount the plaintiff is entitled to recover appears from the statement of facts — as
A penalty imposed for a statutory violation; esp., a penalty imposing automatic liability on a wrongdoer for violation of a statute’s terms without reference to any actual damages suffered. [Cases: Penalties 1. C.J.S. Penalties §§ 2–4.]
utility. 1. The quality of serving some function that benefits society; meritoriousness. 2. Patents. Capacity to perform a function or attain a result claimed for protection as intellectual property. • In patent law, utility is one of the three basic requirements of patentability, the others being nonobviousness and novelty. In the calculation of damages for
seduction. The offense that occurs when a man entices a woman of previously chaste character to have unlawful intercourse with him by means of persuasion, solicitation, promises, or bribes, or other means not involving force. • Many states have abolished this offense for persons over the age of legal consent. Traditionally, the parent of a
delict (di-likt), n. [Latin delictum “an offense”] Roman & civil law. A violation of the law; esp., a wrongful act or omission giving rise to a claim for compensation; TORT. — Also termed (in Roman law) delictum; (in French law) délit. [Cases: Torts 1. C.J.S. Torts §§ 2–7.] “A delict is a civil wrong. It