feigned issue. Hist. A proceeding in which the parties, by consent, have an issue tried by a jury without actually bringing a formal action. • The proceeding was done when a court either lacked jurisdiction or was unwilling to decide the issue. — Also termed fictitious issue. “The chancellor’s decree is either interlocutory or final. […]
practical finality. The situation in which a court order directs immediate delivery of physical property, subjecting the losing party to irreparable harm if an immediate appeal were not possible. • Practical finality provides an exception to the usual rule that interlocutory orders are not appealable. See FINALITY DOCTRINE.
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respondeat ouster (ri-spon-dee-at ow-st[schwa]r). [Latin “let him make further answer”] An interlocutory judgment or order that a party who made a dilatory plea that has been denied must now plead on the merits. — Also termed judgment respondeat ouster. [Cases: Pleading 111.47.] “In case of felony, if the plea be held bad, the judgment is
decree n. (1)判决；裁定 尤指衡平法院或御前大臣法庭的判决。衡平法中的判决是法庭在审理和听取各方辩论意见后，根据公平〔equity〕和良知〔good conscience〕原则确定诉讼各方权利而作出的裁决或命令，是法院对已查明事实的法律后果所做的宣告。在衡平法中，判决可分为终局判决〔final decree〕和中间判决〔interlocutory decree〕两类。在普通法诉讼与衡平法诉讼的程序合二为一后，一般用「judgment」代替「decree」。 (→decision; judgment; order) (2)法令；政令；命令 (3)〈英〉(坎特伯雷教省法院)开始诉讼程序的传令；最后裁决
A decree or order that is sufficiently final to receive appellate review (such as an order granting summary judgment), or an interlocutory decree or order that is immediately appealable, usu. by statute (such as an order denying immunity to a police officer in a civil-rights suit). — Also termed reviewable issue. See COLLATERAL-ORDER DOCTRINE. [Cases:
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intermediate hearing 中间听审(→interlocutory hearing)
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appealable order 可上诉的裁决 指可以受到上诉审查的终局裁决或指令、裁定，区别于中间裁决〔interlocutory order〕，对后者通常要到案件经过庭审并作出判决后才可提出上诉。如根据美国《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕，对驳回申请简易判决的裁决不可上诉，而对同意该申请的裁决即可以上诉。
intermediate costs 中间费用；中间支出(→interlocutory costs)
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complainant (k[schwa]m-playn-[schwa]nt). 1. The party who brings a legal complaint against another; esp., the plaintiff in a court of equity or, more modernly, a civil suit. “A suit in equity, under the procedure of the English Court of Chancery, which was generally adopted in the American States prior to the code, is instituted by the
death-knell doctrine. A rule allowing an interlocutory appeal if precluding an appeal until final judgment would moot the issue on appeal and irreparably injure the appellant’s rights. • Once recognized as an exception to the final-judgment rule, the doctrine was limited by the U.S. Supreme Court in Coopers & Lybrand v. Livesay, 437 U.S. 463,
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