malum prohibitum (mal-[schwa]m proh-hib-i-t[schwa]m), n. [Latin “prohibited evil”] An act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral. • Misdemeanors such as jaywalking and running a stoplight are mala prohibita, as are many regulatory violations. Pl. mala prohibita. Cf. MALUM IN SE. — malum […]
election contest. A challenge by an election’s loser against the winner, calling for an analysis of the election returns, which may include reviewing voter qualifications or re-counting the ballots. [Cases: Elections 148, 269–306. C.J.S. Elections §§ 1(10), 120, 139, 219, 245–267, 269–270, 272–277, 279, 281, 283–284, 288–292, 295–296, 298–301, 305–306, 308, 310, 312, 314, 317–318.]
expert, n. A person who, through education or experience, has developed skill or knowledge in a particular subject, so that he or she may form an opinion that will assist the fact-finder. Fed. R. Evid. 702. See DAUBERT TEST. [Cases: Criminal Law 478–480; Evidence 535–546. C.J.S. Criminal Law §§ 1070–1071; Evidence §§ 521, 523–527, 599–600,
A judge appointed or selected to sit, usu. in a specific case, in the absence or disqualification of the regular judge or otherwise as provided by statute. [Cases: Judges 13–19, 25. C.J.S. Judges §§ 161–183, 185.]
election board. 1. A board of inspectors or commissioners appointed for each election precinct to determine voter qualification, to supervise the polling, and often to ascertain and report the results. 2. A local agency charged with the conduct of elections. [Cases: Elections 49–58. C.J.S. Elections §§ 55–56, 59–60, 63–65.]
summary plan description. Under ERISA, an outline of an employee benefit plan, containing such information as the identity of the plan administrator, the requirements for eligibility and participation in the plan, circumstances that may result in disqualification or denial of benefits, and the identity of any insurers responsible for financing or administering the plan. •
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competence, n. 1. A basic or minimal ability to do something; qualification, esp. to testify (competence of a witness). [Cases: Witnesses 35. C.J.S. Witnesses §§ 87–88, 90, 92.] 2. The capacity of an official body to do something (the court’s competence to enter a valid judgment). 3. Authenticity (the documents were supported by a business-records
negative pregnant. A denial implying its affirmative opposite by seeming to deny only a qualification of the allegation and not the allegation itself. • An example is the statement, “I didn’t steal the money last Tuesday,” the implication being that the theft might have happened on another day. — Also termed negative pregnant with an
pro tempore judge 临时法官 在正式法官缺席、因故不能履行其职责或不具备履行职责的资格〔disqualification〕时或在法律规定的其他情况下依法律或宪法临时选任的法官。
absolute, adj. 1. Free from restriction, qualification, or condition (absolute ownership). 2. Conclusive and not liable to revision (absolute delivery). 3. Unrestrained in the exercise of governmental power (absolute monarchy). — absolute, n.