survey, n. 1. A general consideration of something; appraisal (a survey of the situation). 2. The measuring of a tract of land and its boundaries and contents; a map indicating the results of such measurements (the lender requires a survey of the property before it will issue a loan). government survey. A survey made by […]
garnishment, n. 1. A judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or is bailee for the debtor to turn over to the creditor any of the debtor’s property (such as wages or bank accounts) held by that third party. • A
A committee charged with organizing the physical space in which a deliberative as-sembly meets.
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public policy 公共政策；公共利益准则 该词的含义并不十分明确，在英国「理查森诉梅利什」案〔Richardson v. Mellish (1824) 2 Bing.252〕中曾被比喻为「一匹十分难以驾驭的烈马」〔a very unruly horse〕。一般而言，它是指被立法机关或法院视为与整个国家和社会根本相关的原则和标准，该原则要求将一般公共利益〔general public interest〕与社会福祉〔good of community〕纳入考虑的范围，从而可以使法院有理由拒绝承认当事人某些交易或其他行为的法律效力。在英美法中，法院有时将其作为判决的正当理由，例如以合同「违反公共政策」〔contrary to public policy〕为由宣告该合同无效。因为「违反公共政策」的认定标准——是否符合一般公共利益——并不依赖于证据而是依据司法印象，故而有法官抨击其所提供的是一种不确定的、危险的标准；若无先例之情形，也往往不愿加以引用。公共政策原则可以对当事人的契约自由或私人交易进行限制。例如，法院可以「违反公共政策」为由认为对贸易进行不正当限制的协议或者在战时与敌国进行的贸易行为无效或不可执行，尽管这些交易并不与现行法的规则相违背。除在合同法中的作用外，公共政策还被用来支持婚姻的神圣、宗教宽容的正当、保持政治廉正等。在狭义上，这一原则是指不允许实施任何可能给一般公共利益造成损害的行为。该词亦作「policy of the law」，而在大陆法系，与之相对应的则为公共秩序〔ordre publique〕或称公序良俗。另外，该词在用作名词时，其前无需加冠词。 (→policy)
witness-protection program. A federal or state program in which a person who testifies against a criminal is assigned a new identity and relocated to another part of the country to avoid retaliation by anyone convicted as a result of that testimony. • The Federal Witness Protection Program was established by the Organized Crime Control Act
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Indian tribe. A group, band, nation, or other organized group of indigenous American people, including any Alaskan native village, that is recognized as eligible for the special programs and services provided by the U.S. government because of Indian status (42 USCA § 9601(36)); esp., any such group having a federally recognized governing body that carries
special-hazard rule. The principle that an employee is covered by workers’ compensation for injuries received while traveling to or from work if the route used contains unique risks or hazards and is not ordinarily used by the public except in dealing with the employer. • This is an exception to the general rule that an
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Insanity produced by a violent excitement of the emotions or passions, although reasoning faculties may remain unimpaired; a passion that for a period creates complete derangement of intellect. • Emotional insanity is sometimes described as an irresistible impulse to do an act. See IRRESISTIBLE-IMPULSE TESTT. [Cases: Criminal Law 51. C.J.S. Criminal Law §§ 99–108.]
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jury nullification. A jury’s knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself or because the result dictated by law is contrary to the jury’s sense of justice, morality, or fairness.
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loading and unloading (1)(从码头到船舶及从船舶到码头间的)货物装卸 (2)陆路运输 陆运承运人从事的货物、商品或其它物品的运输业务。 (→complete operation rule; loading and unloading clause)
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