abnormally dangerous activity. An undertaking that necessarily carries with it a significant risk of serious harm even if reasonable care is used, and for which the actor may face strict liability for any harm caused; esp., an activity (such as dynamiting) for which the actor is held strictly liable because the activity (1) involves the […]
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de aestimato (dee es-ti-may-toh). [Latin “for the estimation of something in money”] Roman law. An action available to an owner of goods against a person who received the goods but failed, after a certain period, to either pay the owner an agreed price after finding a purchaser or return the goods to the owner. •
travaux préparatoires (tra-voh pray-par-[schwa]-twah[r]z). [French “preparatory works”] Materials used in preparing the ultimate form of an agreement or statute, and esp. of an international treaty; the draft or legislative history of a treaty. See LEGISLATIVE HISTORY.
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pretrial order. A court order setting out the claims and defenses to be tried, the stipulations of the parties, and the case’s procedural rules, as agreed to by the parties or mandated by the court at a pretrial conference. See Fed. R. Civ. P. 16(e). • In federal court, a pretrial order supersedes the pleadings.
A process in which the birth parents and adoptive parents negotiate to reach a voluntary agreement about the degree and type of continuing contact after adoption, including direct visitation or more limited arrangements such as communication by telephone or mail, the exchange of either identifying or non-identifying information, and other forms of contact. Cf. open
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The general exemption of diplomatic ministers from the operation of local law, the exception being that a minister who is plotting against the security of the host nation may be arrested and sent out of the country. • A minister’s family shares in diplomatic immunity to a great, though ill-defined, degree. [Cases: Ambassadors and Consuls
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confirmation, n. 1. The act of giving formal approval (Senate confirmation hearings). [Cases: United States 35. C.J.S. United States §§ 23, 53, 56–57.] 2. The act of verifying or corroborating; a statement that verifies or corroborates (the journalist sought confirmation of the district attorney’s remarks). 3. The act of ratifying a voidable estate; a type
doctor. 1. Hist. In Roman Catholic canon law, an honorary title for a scholar. 2. A title of a person who has acquired an advanced degree in academics, or has achieved an honorable distinction. 3. A physician. — Abbr. Dr. [Cases: Health 110.]
ad idem (ad I-d[schwa]m). [Latin] To the same point or matter; of the same mind (the parties reached a consensus ad idem and agreed to consummate a sale).
land trust 土地信托 土地所有权的一种安排。据此，受托人拥有该土地的普通法与衡平法上的所有权，同时，受益人保留指示受托人、管理财产、从信托中获取收益等各项权力。故在该种信托中，就公共记录而言，受托人的权力是完全的，但其实际上受到信托契据中记载的信托协议〔trust agreement〕的限制。该信托协议典型的做法是授予受益人充分的管理和控制信托财产的权力，但受益人也不能像不存在信托那样处理财产。该种信托通常都有确定的期限，而且与遗嘱信托〔testamentary trust〕或生前信托〔inter vivos trust〕有所不同，受托人可能承担个人责任。