second distress
A supplementary distress allowed when goods seized under the first distress are insufficient to satisfy the claim.
Search Results for: IRS
immediately apparent requirement
immediately-apparent requirement. Criminal procedure. The principle that a police officer must have probable cause to believe that an item is contraband before seizing it. • This plain-view exception to the warrant requirement was first announced in Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022 (1971). “An object may not be seized from a
immediately apparent requirement Read More »
legal memory
legal memory. The period during which a legal right or custom can be determined or established. • Traditionally, common-law legal memory began in the year 1189, but in 1540 it became a steadily moving period of 60 years. Cf. TIME IMMEMORIAL(1). “Because of the importance to feudal landholders of seisin and of real property in
nomen
nomen (noh-men or -m[schwa]n), n. [Latin] 1. Roman law. A personal name. • A Roman citizen generally had three names: a praenomen (“first name”), a nomen (“the name of the family group”), and cognomen (“a surname”). 2. Hist. A person’s first name. 3. More broadly, any name. Pl. nomina. See AGNOMEN. nomen collectivum (noh-men kol-[schwa]k-tI-v[schwa]m).
warrantia custodiae
warrantia custodiae (w[schwa]-ran-shee-[schwa] k[schwa]-stoh-dee-ee), n. [Law Latin] Hist. A writ for a purchaser of land held in knight’s service against the seller (and heirs), who had warranted that the land was free of wardship when a wardship was later claimed.
warrantia custodiae Read More »
national treatment
national treatment. Intellectual property. The policy or practice of a country that accords the citizens of other countries the same intellectual-property protection as it gives its own citizens, with no formal treaty of reciprocity required. • The principle of national treatment underlay the first international intellectual-property treaties in the 19th century, the Paris and Berne
national treatment Read More »
derogation
derogation (der-[schwa]-gay-sh[schwa]n), n. 1. The partial repeal or abrogation of a law by a later act that limits its scope or impairs its utility and force (statutes in derogation of the common law). [Cases: Statutes 237, 239. C.J.S. Statutes §§ 380, 382.] 2. Disparagement; depreciation in value or estimation (some argue that the derogation of
redeeming social value test
redeeming social value test 〈美〉维护社会价值标准 美国最高法院于1966年在《荡妇回忆录》诉麻省〔Memoirs v. Massachusetts〕一案中确立的认定淫秽物品的标准。最高法院认为，对于违反当前社会有关于性的标准的淫秽物品，如果不能维护社会价值，政府可以控制此类物品的发行。但这一标准逐渐被证实很难适用。1973年最高法院在米勒诉加利福尼亚州〔Miller v. California〕一案中修正了有关淫秽的标准，从而明显废止了在《荡妇回忆录》一案中确立的社会价值标准。
redeeming social value test Read More »
united states agency for international development
United States Agency for International Development. The independent federal agency that administers U.S. foreign-aid programs to give economic and humanitarian assistance to developing nations. • The agency became independent by the Foreign Affairs and Restructuring Act of 1998, although its administrator is under the direct authority and foreign-policy guidance of the Secretary of State. —
united states agency for international development Read More »
set of exchange
set of exchange. Commercial law. A single bill of lading drawn in a set of parts, each of which is valid only if the goods have not been delivered against any other part. • Bills may be drawn in duplicate or triplicate, the first part being “first of exchange,” the second part being “second of