gag order. 1. A judge’s order directing parties, attorneys, witnesses, or journalists to refrain from publicly dis-cussing the facts of a case. • When directed to the press, such an order is generally unconstitutional under the First Amendment. [Cases: Criminal Law 633(1); Federal Civil Procedure 1951; Trial 18, 20. C.J.S. Criminal Law §§ 564, 1134, […]
custodia legis 〈拉〉法律的保管 意为在法律的保管下。按照「法律的保管」原则，动产依据扣押财产令状〔writ of replevin〕而被另作重新占有的，则该财产被认为处于法院保管之下，而不论由哪一方当事人实际占有该财产。法院对该财产的保管，直至法院最后判决是由要求返还的一方还是原先占有的一方有权占有该财产为止。在两个法院都有管辖权的情况下解决管辖权争议时，这一原则与「谁先起诉，谁先受理」〔first come, first serve〕的方法并无二致，按照该原则，应由先对争议财产采取保全措施的法院管理该财产。 (→custody of the law)
quod computet (kwod kom-py[schwa]-tet). [Law Latin “that he account”] The first judgment in an action of account, requiring the defendant to give an accounting before auditors. — Also termed judgment quod computet. “In this action, if the plaintiff succeeds, there are two judgments: the first is, that the defendant do account (quod computet) before auditors
dignity, n. 1. The state of being noble; the state of being dignified. 2. An elevated title or position. 3. A person holding an elevated title; a dignitary. 4. A right to hold a title of nobility, which may be hereditary or for life. “Dignities may be hereditary, such as peerages …, or for life,
Criminal procedure. The principle that a police officer must have probable cause to believe that an item is contraband before seizing it. • This plain-view exception to the warrant requirement was first announced in Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022 (1971).
immediately apparent requirement Read More »
second-look doctrine. 1. WAIT-AND-SEE PRINCIPLE. 2. An approach that courts use to monitor the continuing effectiveness or validity of an earlier order. • For example, a family court may reconsider a waiver of alimony, and a federal court may reconsider a law that Congress has passed a second time after the first law was struck
second look doctrine Read More »
immiscere (i-mis-[schwa]-ree), vb. [Latin] Roman law. To mix or mingle with; to meddle with. • This term took on the figurative sense of meddling in another’s affairs (e.g., acting as if one were an heir), for which a person could be held accountable.
per incuriam (p[schwa]r in-kyoor-ee-[schwa]m), adj. (Of a judicial decision) wrongly decided, usu. because the judge or judges were ill-informed about the applicable law. “There is at least one exception to the rule of stare decisis. I refer to judgments rendered per incuriam. A judgment per incuriam is one which has been rendered inadvertently. Two examples
Green River ordinance. A local licensing law that protects residents from unwanted peddlers and salespersons, typically by prohibiting door-to-door solicitations without prior consent. • The ordinance takes its name from Green River, Wyoming, which enacted the first such law in the early 20th century before others came into vogue during the 1930s and 1940s throughout
green river ordinance Read More »
heredes alioqui successuri (h[schwa]-ree-deez ay-lee-oh-kwI s[schwa]k-ses-[schwa]-rI). [Latin] Hist. Heirs entitled otherwise to succeed. — Also termed heredes alioquin successuri.
heredes alioqui successuri Read More »