chain certificate method
chain certificate method 〈美〉连锁确认法 指根据《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕第44条的规定,对外国官方文件的确认方法。即对于最初证明该文件的外国官员,其签名的真实性及其职位由一比其级别更高的官员来确认,依此类推,直至作出最终确认。
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chain certificate method 〈美〉连锁确认法 指根据《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕第44条的规定,对外国官方文件的确认方法。即对于最初证明该文件的外国官员,其签名的真实性及其职位由一比其级别更高的官员来确认,依此类推,直至作出最终确认。
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nullification doctrine. The theory — espoused by southern states before the Civil War — advocating a state’s right to declare a federal law unconstitutional and therefore void.
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misnomer (mis-noh-m[schwa]r). A mistake in naming a person, place, or thing, esp. in a legal instrument. • In federal pleading — as well as in most states — misnomer of a party can be corrected by an amendment, which will relate back to the date of the original pleading. Fed. R. Civ. P. 15(c)(3). [Cases:
letter of undertaking. An agreement by which a shipowner — to avoid having creditors seize the ship and release it on bond — agrees to post security on the ship, and to enter an appearance, acknowledge ownership, and pay any final decree entered against the vessel whether it is lost or not. • A letter
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de ambitu (dee am-bi-tyoo). [Latin “of going around”] Of devious methods of securing a position, as through bribery. • Several Roman laws (such as the Lex Julia de Ambitu) dealt with these methods, such as prohibiting electoral bribery.
special imparlance 特别延期答辩 指保留被告人对令状、诉状、诉讼理由等的异议权的答辩期间的延长,在延长期间过后,被告人虽不能对法院的管辖权有异议,但仍可作妨诉答辩〔plea in abatement〕。 (→general imparlance)
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legislature. The branch of government responsible for making statutory laws. • The federal government and most states have bicameral legislatures, usu. consisting of a house of representatives and a senate. — Also termed legislative assembly. Cf. EXECUTIVE(1); JUDICIARY(1). [Cases: States 24. C.J.S. States §§ 40–41.]
secondary factor. (usu. pl.) Patents. Objective evidence that courts consider in determining a patent claim’s nonobviousness. • Secondary factors include “commercial success, long-felt but unsolved need, failure of others, and unexpected results.” Graham v. John Deere Co., 383 U.S. 1, 17–18, 86 S.Ct. 684, 694 (1966). — Also termed secondary consideration. [Cases: Patents 36. 1.
mutuality doctrine. The collateral-estoppel requirement that, to bar a party from relitigating an issue determined against that party in an earlier action, both parties must have been in privity with one another in the earlier proceeding. — Also termed mutuality of parties. [Cases: Judgment 666, 678. C.J.S. Judgments §§ 830, 833, 835, 861, 912.]
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