rule of optional completeness. The evidentiary rule providing that when a party introduces part of a writing or an utterance at trial, the opposing party may require that the remainder of the passage be read to establish the full context. • The rule has limitations: first, no utterance can be received if it is irrelevant, […]
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grand jury. A body of (often 23) people who are chosen to sit permanently for at least a month — and sometimes a year — and who, in ex parte proceedings, decide whether to issue indictments. See Fed. R. Crim. P. 6. • If the grand jury decides that evidence is strong enough to hold
defect of reason. Archaic. 1. Mental illness. 2. Mental retardation. DEFECT OF SUBSTANCE defect of substance. An imperfection in the substantive part of a legal document, as by omitting an essential term. Cf. DEFECT OF FORM.
The simultaneous investment in a currency and execution of spotand forward-rate foreign-exchange contracts to take advantage of exchange-rate and interest-rate differentials between currencies without assuming foreign-exchange risk.
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Patents. A judicially created theory for finding patent infringement when the accused process or product falls outside the literal scope of the patent claims. • The doctrine evolved to prevent parties from evading liability for patent infringement by making trivial changes to avoid the literal language of the patent claims. Graver Tank & Mfg. Co.
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Equity assists ignorance，but not carelessness. 衡平法帮助不知，不帮助不注意。 这是衡平法的一项基本原则，其拉丁文为aequitas ignorantia opitulantur，oscitantiae non item。其意思为：衡平法对那些未对自己的权利加以注意因而蒙受只要加以普通注意便可避免的损失的人不予救济。
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lawful fence. A strong, substantial, and well-suited barrier that is sufficient to prevent animals from escaping property and to protect the property from trespassers. — Also termed legal fence; good and lawful fence. Cf. SPITE FENCE . [Cases: Animals 92; Fences 1, 19. C.J.S. Animals §§ 243–246, 248.]
stipulatio (stip-y[schwa]-lay-shee-oh), n. [Latin] Roman law. An oral contract requiring a formal question and reply, binding the replier to do what was asked. • It is essential that both parties speak, and that the reply directly conforms to the question asked and is made with the intent to enter into a contractual obligation. No consideration
barratry (bar-[schwa]-tree orbair-), n. 1. Vexatious incitement to litigation, esp. by soliciting potential legal clients. • Barratry is a crime in most jurisdictions. A person who is hired by a lawyer to solicit business is called a capper. See CAPPER(1). [Cases: Champerty and Maintenance 4(.5), 5(.5), 9. C.J.S. Champerty and Maintenance, Barratry and Related Matters
Lack of ordinary diligence; the failure to use ordinary care. • The term is most commonly used to differentiate between negligence and gross negligence. [Cases: Negligence 232.]
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