nonintervention. Int’l law. The principle that a country should not interfere in the internal affairs of another country. • The U.N. Charter binds it from intervening “in matters which are essentially within the domestic jurisdiction of any state ….” U.N. Charter art. 2(7). — Also termed principle of nonintervention.
cases and controversies 〈美〉案件和争议 美国宪法中的用语，有时也称「case or controversy」，二者在含义上并无差别。通常被用来指宪法所确定的联邦法院的司法管辖权规则，即联邦法院只能就基于「案件和争议」所产生的问题行使司法裁判权，而不能对假设的案件或根本不存在的法律问题作出裁决。马歇尔〔Marshall〕大法官曾对「case」一词定义为指依据正式的司法程序提起的，并且属于美国宪法所规定的管辖权范围的案件或诉讼。「controversy」的含义与「case」完全相同，其区别仅在于「controversy」只能指民事案件。美国宪法的第三条第二款规定了联邦法院管辖的九种事项，对前三项称为「all Cases」。后六项合称为「Controversies」，因此，人们将这二者合起来称为联邦法院的司法管辖权范围。它包括当事人依正式程序提请法院裁决的各种请求和争辩。属联邦法院管辖的「案件和争议」必须是具体的、确定的，而不能是抽象的、假设的；它涉及具有相反利害关系的当事人之间的法律关系，并能表明当事人之间存在实质性争执点〔substantial issue〕，且就该争执点法院有作出裁判的紧迫性和现实性。
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operative, adj. 1. Being in or having force or effect; esp., designating the part of a legal instrument that gives effect to the transaction involved (the operative provision of the contract). 2. Having principal relevance; essential to the meaning of the whole (may is the operative word of the statute).
no evidence. 1. The lack of a legally sufficient evidentiary basis for a reasonable fact-finder to rule in favor of the party who bears the burden of proof (there is no evidence in the record about his whereabouts at midnight). • Under the Federal Rules of Civil Procedure, a party can move for judgment as
digest, n. 1. An index of legal propositions showing which cases support each proposition; a collection of summaries of reported cases, arranged by subject and subdivided by jurisdiction and court. • The chief purpose of a digest is to make the contents of reports available and to separate, from the great mass of caselaw, those
vice president, n. 1. An officer selected in advance to fill the presidency if the president dies, resigns, is removed from office, or cannot or will not serve. • The Vice President of the United States, who is elected at the same time as the President, serves as presiding officer of the Senate. On the
equitable distribution. Family law. The division of marital property by a court in a divorce proceeding, under statutory guidelines that provide for a fair, but not necessarily equal, allocation of the property between the spouses. • With equitable distribution, when a marriage ends in divorce, property acquired during the marriage is divided equitably between the
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emblements (em-bl[schwa]-m[schwa]nts). 1. The growing crop annually produced by labor, as opposed to a crop occurring naturally. • Emblements are considered personal property that the executor or administrator of a deceased tenant may harvest and take regardless of who may have since occupied the land. — Also termed fructus industriales. [Cases: Crops 1. C.J.S. Crops
dispute-resolution procedure. Intellectual property. A mechanism for resolving international grievances over intellectual-property protection, conducted by the World Trade Organization under the TRIPs Agreement. • The procedure begins with a complaint by one nation against another, followed by consultations between the nations, a WTO panel report on the issue, and (potentially) trade sanctions against one of
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communication. 1. The expression or exchange of information by speech, writing, gestures, or conduct; the process of bringing an idea to another’s perception. 2. The information so expressed or exchanged. conditionally privileged communication. A defamatory statement made in good faith by a person with an interest in a subject to someone who also has an