An issue that is neither a pure question of fact nor a pure question of law. • Mixed questions of law and fact are typically resolved by juries. — Often shortened to mixed question. — Also termed mixed question of fact and law. [Cases: Administrative Law and Procedure 781; Appeal and Error 842(9); Criminal Law […]
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impeachment. 1. The act (by a legislature) of calling for the removal from office of a public official, accomplished by presenting a written charge of the official’s alleged misconduct; esp., the initiation of a proceeding in the U.S. House of Representatives against a federal official, such as the President or a judge. • Congress’s authority
reference, n. 1. The act of sending or directing to another for information, service, consideration, or decision; specif., the act of sending a case to a master or referee for information or decision. [Cases: Federal Civil Procedure 1871; Reference 1. C.J.S. References §§ 2–3.] general reference. A court’s reference of a case to a referee,
mixed question of law and fact. An issue that is neither a pure question of fact nor a pure question of law. • Mixed questions of law and fact are typically resolved by juries. — Often shortened to mixed question. — Also termed mixed question of fact and law. [Cases: Administrative Law and Procedure 781;
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constitutio (kon-sti-t[y]oo-shee-oh), n. [Latin “a decree”] 1. Roman law. An imperial decree; a law issued by the emperor; later, in the plural form constitutiones, a collection of laws. • The constitutiones took various forms, including orationes (laws submitted to the Senate), edicta (laws — usu. of a general character — put forth by the emperor),
lawyer n. 律师；法律工作者；法律家 对从事法律职业者或拥有法学知识者的总称。这一职业称为Practice of Law，其含义并无一致界定，但通常包括代表他人出庭以及在法庭上或法庭外为他人提供法律指导。在英国则将律师分为出庭律师〔barrister; advocate〕和事务律师〔solicitor〕，而在美国对律师则不作分类，但实际上仍广泛存在各种异于lawyer一词的称谓。美国律师称谓〔What are lawyers referred to in the United States〕１常用同义词〔general synonyms〕 attorney(attorney at law的简称，最为常用，复数为attorneys)；counsel(既可作单数用，也可作复数用，复数形式偶用counsels)；counselor(counselor at law的简称，应用于某些司法管辖区)；member of the bar２政府律师〔government lawyers〕 Attorney General(总检察长，同为司法部长，复数为attorneys general); Solicitor General(副总检察长)；district attorney(地区检察官，指县〔county〕或类似县的地方的检察官，也称作county attomey; county prosecutor; prosecuting attorney; public prosecutor; state’s attorney.在联邦司法区也称United States attorney); county counsel(县律师，有时称solicitor，是县或类似县的地方处理民事案件的律师)；city attorney(市律师，是市处理民事和刑事案件的律师)；legislative counsel(立法顾问)；public defender(联邦、州及地方的公设辩护人)；trial judge advocate(军事检察官，在军事法院〔court martial〕履行控诉职能的官员，通常但不必定是律师)；United States attorney(美国检察官)３私人律师〔private lawyers〕 general counsel(首席法律顾问，指某一企业的首席律师或全体律师)；house
publish, vb. 1. To distribute copies (of a work) to the public. 2. To communicate (defamatory words) to someone other than the person defamed. See INTENT TO PUBLISH. [Cases: Libel and Slander 23. C.J.S. Libel and Slander; Injurious Falsehood§§ 48–52.] 3. To declare (a will) to be the true expression of one’s testamentary intent. [Cases:
Daubert test. A method that federal district courts use to determine whether expert testimony is admissible under Federal Rule of Evidence 702, which generally requires that expert testimony consist of scientific, technical, or other specialized knowledge that will assist the fact-finder in understanding the evidence or determining a fact in issue. • In its role
A trial conducted in a more relaxed manner than a typical court trial, such as an administrative hearing or a trial in small-claims court. [Cases: Administrative Law and Procedure 469; Courts 176. C.J.S. Public Administrative Law and Procedure §§ 134, 136, 138–139.]
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