Search Results for: SEPARATION

checks and balances

checks and balances 制衡原则;制约与平衡原则 指每一政府部门皆具有对抗其他任何部门行为的能力,从而不致出现任何单一部门操纵整个政府的权力和职能的理论。如在美国,行政部门可通过行使否决权〔veto power〕制约立法机关;而只要达到充分多数,立法机关则可推翻任一否决。 (→separation of powers)

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marital agreements

marital agreements 夫妻(财产)协议 指配偶之间就夫妻财产的所有权及其分割所达成的任何协议,尤指婚前合同〔premarital contract〕或分居协议〔separation agreement〕,因其主要涉及一旦发生离婚时如何分割夫妻财产的问题。亦作「marriage settlement」或「property settlement」。 (→prenuptial agreement; postnuptial agreement)

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no fault divorce

A divorce in which the parties are not required to prove fault or grounds beyond a showing of the irretrievable breakdown of the marriage or irreconcilable differences. • The system of no-fault divorce has been adopted throughout the United States. By 1974, 45 states had adopted no-fault divorce; by 1985, every state but New York

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quasi rent

quasi-rent. (often pl.) Law and economics. Value over and above one’s opportunity cost or next best alternative; the excess of an asset’s value over its salvage value. • In the economic theory of marriage, a quasi-rent is a spouse’s excess value of the marriage over the value of the next best option of not being

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schism

schism (siz-[schwa]m orskiz-[schwa]m). 1. A breach or rupture; a division, esp. among members of a group, as of a union. 2. A separation of beliefs and doctrines by persons of the same organized religion, religious denomination, or sect. [Cases: Religious Societies 23, 35. C.J.S. Religious Societies §§ 70, 98–100.] “It has been held that the

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avulsion

avulsion ([schwa]-v[schwa]l-sh[schwa]n), n. 1. A forcible detachment or separation. 2. A sudden removal of land caused by change in a river’s course or by flood. • Land removed by avulsion remains the property of the original owner. Cf. ALLUVION; ACCRETION(1); DELICTION; EROSION. 3. A tearing away of a body part surgically or accidentally. [Cases: Navigable

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causa cognita

causa cognita (kaw-z[schwa] kog-ni-t[schwa]). [Latin] Hist. After investigation; the cause (or facts) having been ascertained. Cf. POST CAUSAM COGNITAM . “Formerly, inhibitions were not granted except causa cognita (although a different rule now prevails), because they imposed a restraint on the full exercise of the rights of property; and in our own time decrees of

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