bastard. 1. See illegitimate child under CHILD. 2. A child born to a married woman whose husband could not be or is otherwise proved not to be the father. • Because the word is most commonly used as a slur, its use in family-law contexts is much in decline. [Cases: Children Out-of-Wedlock 1. C.J.S. Children […]
presumption of regularity 合法推定 指除非有相反证据，否则推定政府官员以合法的方式履行职责，或行政机关的规定、决定、命令等符合其法定权限，因而是合法有效的。此推定属于可反驳的推定〔rebuttable presumption〕。
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fraud-on-the-market principle. Securities. The doctrine that, in a claim under the antifraud provisions of the federal securities laws, a plaintiff may presumptively establish reliance on a misstatement about a security’s value — without proving actual knowledge of the fraudulent statement — if the stock is purchased in an open and developed securities market. • This
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quadruplicatio (kwah-dr[schwa]-pli-kay-shee-oh), n. [fr. Latin quadruplicatus “quadrupled”] 1. Roman law & civil law. A defendant’s pleading, following the triplicatio and similar to the rebutter at common law; the third defensive pleading. — Also termed quadruplication; (in old Scots law) quadruply. 2. Roman law. A plaintiff’s pleading, following the triplicatio, the replicatio, and the exceptio. Pl.
juris et de jure (joor-is et dee joor-ee). [Latin] Of law and of right (a presumption juris et de jure cannot be rebutted).
A witness’s earlier statement that conflicts with the witness’s testimony at trial. • In federal practice, extrinsic evidence of an unsworn prior inconsistent statement is admissible — if the witness is given an opportunity to explain or deny the statement — for impeachment purposes only. Fed. R. Evid. 613(b). Sworn statements may be admitted for
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examiner’s answer. Patents. The brief filed by a patent examiner with the Board of Patent Appeals and Interferences to rebut the arguments in an appeal brief and to defend the examiner’s decision to reject the application. Cf. appeal brief under BRIEF. [Cases: Patents 111. C.J.S. Patents §§ 180–183.]
quem nuptiae demonstrant (kwem n[schwa]p-shee-ee di-mon-strant). [Latin] Roman & Scots law. Whom the marriage indicates. • The phrase refers to the rebuttable presumption that a husband is the father of a child that his wife gives birth to. See presumed father, putative father under FATHER.
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prima facie, adj. Sufficient to establish a fact or raise a presumption unless disproved or rebutted (a prima facie showing). prima facie (prI-m[schwa] fay-sh[schwa] orfay-shee), adv. [Latin] At first sight; on first appearance but subject to further evidence or information ( the agreement is prima facie valid). [Cases: Evidence 53, 85, 584(1). C.J.S. Evidence §§
A brief that responds to issues and arguments raised in the brief previously filed by one’s opponent; esp., a movant’s or appellant’s brief filed to rebut a brief in opposition. See REBUTTAL(3). [Cases: Appeal and Error 762. C.J.S. Appeal and Error § 619.]