diversity, n. 1. DIVERSITY OF CITIZENSHIP. 2. Ethnic, socioeconomic, and gender heterogeneity within a group; the combination within a population of people with different backgrounds. • The Supreme Court has found diversity in education to be a compelling government interest that can support a narrowly tailored affirmative-action plan. Grutter v. Bollinger, 123 S.Ct. 2325 (2003). […]
desertion, n. The willful and unjustified abandonment of a person’s duties or obligations, esp. to military service or to a spouse or family. • In family law, the five elements of spousal desertion are (1) a cessation of cohabitation, (2) the lapse of a statutory period, (3) an intention to abandon, (4) a lack of
criminal conversation. Archaic. A tort action for adultery, brought by a husband against a third party who en-gaged in sexual intercourse with his wife. • Criminal conversation has been abolished in most jurisdictions. — Abbr. crim. con. See HEARTBALM STATUTE. [Cases: Husband and Wife 340–354.] “An action (whether of trespass or case is uncertain, but
criminal conversation Read More »
acquiescence (ak-wee-es-[schwa]nts). 1. A person’s tacit or passive acceptance; implied consent to an act. commercial acquiescence. Patents. Action or inaction by a patentee’s competitor that reflects the competitor’s belief that the patent is valid. • A patent owner may use another person’s actions or inactions, such as taking a license or attempting to design around
probable cause. 1. Criminal law. A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime. • Under the Fourth Amendment, probable cause — which amounts to more than a bare suspicion but less than evidence that would justify a
metus (mee-t[schwa]s), n. [Latin] Roman law. 1. Fear of imminent danger; apprehension of serious danger, esp. in the form of duress to force a person to do something; the use of threats to bring about some end. • Metus was more comprehensive than duress is in Anglo-American law. It included fear of any evil that
duplicity n. (1)诉状中主张事实的复合 也称诉因或答辩理由并陈，为普通法上诉答程序中的一种技术性错误，指在一项诉讼理由〔count〕中陈述了两个或两个以上的诉因〔cause of action〕，或者在一项答辩〔plea〕中提出了两个或两个以上的答辩理由〔ground of defense〕。普通法上一般禁止多项诉因或答辩理由并陈，但现在英国对该规则的限制已宽松了许多，美国的《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕也允许提出此种诉状。 (2)数罪并诉 指在公诉书的同一罪项〔count〕中指控两项或两项以上的罪行。这在法律上是禁止的。 (3)立法项目并立指在同一立法中对两种或两种以上不相一致的主题作出规定。 (4)欺骗；口是心非；言行不一
Hist. In a plaintiff’s pleading in an action for debt, boilerplate language that is not founded on the circumstances of the individual case but is intended to guard against a possible variance and to enable the plaintiff to take advantage of any ground of liability that the proof may disclose. • In the action for
malicious prosecution. 1. The institution of a criminal or civil proceeding for an improper purpose and without probable cause. • The tort requires an adversary to prove four elements: (1) the initiation or continuation of a lawsuit; (2) lack of probable cause; (3) malice; and (4) favorable termination of the lawsuit. Restatement (Second) of Torts
malicious prosecution Read More »
particeps criminis (pahr-t[schwa]-seps krim-[schwa]-nis), n. [Latin “partner in crime”] 1. An accomplice or accessory. See ACCESSORY. Pl. participes criminis (pahr-tis-[schwa]-peez). [Cases: Criminal Law 59, 68. C.J.S. Criminal Law §§ 127, 137, 998.] “The courts of justice will allow the objection that the consideration of the contract was immoral or illegal to be made even by
particeps criminis Read More »