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arrogation

arrogation (ar-[schwa]-gay-sh[schwa]n), n. 1. The act of claiming or taking something without the right to do so (some commentators argue that limited military actions unilaterally ordered by the President are an arrogation of Congress’s power to declare war). 2. Roman & civil law. The adoption of an adult; specif., the adoption of a person sui […]

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guest

guest. 1. A person who is entertained or to whom hospitality is extended. 2. A person who pays for services at an establishment, esp. a hotel or restaurant. [Cases: Innkeepers 8. C.J.S. Inns, Hotels and Eating Places § 5.] 3. A nonpaying passenger in a motor vehicle. [Cases: Automobiles 181(2). C.J.S. Motor Vehicles §§ 792,

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relationship rape

Rape committed by someone with whom the victim has had a significant association, often (though not always) of a romantic nature. • This term encompasses all types of relationships, including family, friends, dates, cohabitants, and spouses, in which the victim has had more than brief or perfunctory interaction with the other person. Thus it does

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strict construction

strict construction 严格解释;狭义解释 1指只能按文件的字面含义所作的解释,也称literal construction;literal interpretation;2指按文字的狭义含义(通常为传统含义)所作的高度限制性解释,也称strict interpretation;3对法律实施严格解释的学说,也称strict constructionism。一般认为,刑法必须作严格的解释。「严格解释」规则是指刑事制定法不能通过暗示或预示的方式扩大所用文句的正当含义,或超越其术语的合理解释;并且,除非被明确地规定于法条之中,否则不得对其他不法行为或人员适用此法条,即使援用该法条的法院认为立法本应更加综合,从而包含这些行为和人员。对制定法的严格解释〔strict construction of a statute〕指不得以暗示或衡平的方式扩张法律适用,而只能对制定法条文明确规定的和其精神或推理内的案件适用之,从而排除任何对制定法适用于特定案件的合理怀疑。对合同的严格解释,也指对合同的狭义或文义解释〔narrow or literal construction〕。 (→construction; strictly construed)

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vagrant

vagrant, adj. 1. Of, relating to, or characteristic of a vagrant; inclined to vagrancy. 2. Nomadically homeless. [Cases: Vagrancy 1. C.J.S. Vagrancy §§ 2–12, 22–27, 31–32, 35–37.] vagrant, n. 1. At common law, anyone belonging to the several classes of idle or disorderly persons, rogues, and vagabonds. 2. One who, not having a settled habitation,

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informal probate

Probate designed to operate with minimal input and supervision of the probate court. • Most modern probate codes encourage this type of administration, with an independent personal representative. — Also termed independent probate. Cf. independent executor under EXECUTOR. [Cases: Executors and Administrators 3(1). C.J.S. Executors and Administrators §§ 7, 9–10.]

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navigable water

navigable water. 1. At early common law, any body of water affected by the ebb and flow of the tide. • This test was first adopted in England because most of England’s in-fact navigable waters are influenced by the tide, unlike the large inland rivers that are capable of supporting commerce in the United States.

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