surprise. An occurrence for which there is no adequate warning or that affects someone in an unexpected way. • In a trial, the procedural rules are designed to limit surprise — or trial by ambush — as much as possible. For example, the parties in a civil case are permitted to conduct discovery, to determine […]
sub rosa (s[schwa]b roh-z[schwa]), adj. [Latin “under the rose”] Hist. Confidential; secret; not for publication.
specificatio (spes-[schwa]-fi-kay-shee-oh), n. [Latin fr. species “form” + facere “to make”] Roman & civil law. 1. A giving of form to materials; the process of making something new from existing property. 2. A mode of acquisition by which a person made something new from existing material (for example, wine from grapes or a ship from
Uniform Trade Secrets Act. A 1979 model statute, now enacted by most states, defining trade secret differently from the common law by being at once broader (because there is no continuous-use requirement) and narrower (because information “readily ascertainable by proper means” cannot qualify). • The Act has three elements: (1) the information must qualify as
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Work reasonably essential to the public’s economic, social, or moral welfare as determined by the community standards at a particular time, and (formerly) excepted from the operation of blue laws. See BLUE LAW. [Cases: Sunday 7. C.J.S. Sunday §§ 17–19, 32–33.]
rational-basis test. Constitutional law. The criterion for judicial analysis of a statute that does not implicate a fundamental right or a suspect or quasi-suspect classification under the Due Process or Equal Protection Clause, whereby the court will uphold a law if it bears a reasonable relationship to the attainment of a legitimate governmental objective. •
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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 vessel that — considering its design, function, purpose, and capabilities — is normally expected both to carry passengers for hire and to engage in substantial operations beyond the boundary line (set by the Coast Guard) dividing inland waters from the high seas. • Typically excluded from the definition are pleasure yachts, tugs and towboats,
elector. 1. A member of the electoral college chosen to elect the President and Vice President. — Also termed presidential elector. [Cases: United States 25. C.J.S. United States § 46.] 2. A voter. [Cases: Elections 59. C.J.S. Elections § 16.] qualified elector. A legal voter; a person who meets the voting requirements for age, residency,
evidence to support findings 支持裁决的证据 指具有正常理性的人能够接受的足以支持某一法庭裁决、或当某一结论需根据应由陪审团决定的事实而作出时，足以证明法官拒绝指令陪审团作出裁断是正当的实质性证据〔substantial evidence〕或有关证据。
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