adventure. 1. A commercial undertaking that has an element of risk; a venture. Cf. JOINT VENTURE. 2. Marine insurance. A voyage involving financial and insurable risk, as to a shipment of goods. — Often shortened to venture. [Cases: Insurance 2214.] common adventure. A maritime enterprise, characterized as an undertaking in which all participants, including the […]
equipment, n. The articles or implements used for a specific purpose or activity (esp. a business operation). • Under the UCC, equipment includes goods if (1) the goods are used in or bought for a business enterprise (including farming or a profession) or by a debtor that is a nonprofit organization or a governmental subdivision
Scots law. A marriage by consensual contract, without the necessity of a formal ceremony. • Until 1940, Scots law retained the medieval canon-law forms of marriage per verba de praesenti and per verba de futuro subsequente copula. These promises constituted irregular but valid marriages. Scots law still retains the irregular marriage by cohabitation with habit
opinion evidence 意见证据 指证人就争议问题陈述的自己的观点、看法或推论，区别于证人就自己所了解的案件事实而作的客观性陈述。证据规则通常不允许普通证人以其对案件事实的意见或推论作证，但是有例外，如因具有相应的科学技术或其他专业知识而具备专家资格的专家证人〔expert witness〕的意见可以作为证据采信；普通证人的意见证词一般只有在符合法律规定的少数例外情况下才可予采信，如美国《联邦证据规则》〔Federal Rules of Evidence〕规定，对普通证人以意见或推论形式作出的证词只有在符合：１合理建立在证人的感觉之上，和２对清楚理解该证人的证词或确定争议中的事实有益时，才可被采纳。
The deposition of a person whose position is at the highest level of a company’s hierarchy. • Courts often preclude an apex deposition unless (1) the person to be deposed has particular knowledge regarding the claim, and (2) the requesting party cannot obtain the requested — and discoverable — information through less intrusive means. [Cases:
dominant-jurisdiction principle. The rule that the court in which a case is first filed maintains the suit, to the exclusion of all other courts that would also have jurisdiction. [Cases: Courts 475, 493, 514; Federal Courts 1145. C.J.S. Courts §§ 188, 211, 224.]
dominant jurisdiction principle Read More »
casing. Oil & gas. The pipe in a wellbore hole, cemented into place to prevent pollution and to protect the hole. intermediate casing. Casing that protects deep formations against pollution from drilling and producing opera-tions. production casing. Wellbore pipe through which oil and gas is produced. • Production casing is the last pipe set in
special finding 特别裁决 １具体阐述已经证据证明了的、法庭判决所要依据的基本事实的裁决；２在美国军事法上，指军事法官所作的与确定被告人有罪还是无罪直接相关的裁决。 (→general finding)
saving clause. 1. A statutory provision exempting from coverage something that would otherwise be included. • A saving clause is generally used in a repealing act to preserve rights and claims that would otherwise be lost. [Cases: Statutes 228, 277. C.J.S. Statutes §§ 370–372, 431.] 2. SAVING-TO-SUITORS CLAUSE. 3. SEVERABILITY CLAUSE. — Also termed savings
A business that is deemed, by operation of law, to be a corporation because a third party dealt with the business as if it were a corporation, thus preventing the third party from holding a shareholder or officer of the corporation individually liable. See ESTOPPEL. [Cases: Corporations 34. C.J.S. Corporations §§ 65–66.]
corporation by estoppel Read More »