Family law. A judicial examination of the facts relating to child custody, typically in a divorce or separation proceeding. • Child-neglect and dependency matters are also often dealt with in custody hearings. — Also termed custody proceeding. [Cases: Child Custody 500. C.J.S. Parent and Child § 122.]
confusio (k[schwa]n-fyoo-zhee-oh), n. [fr. Latin confundere “to pour together”] 1. Roman law. An inseparable mixture of liquid property belonging to different owners. Cf. COMMIXTIO. 2. Roman law. The extinction of a right or duty that occurs when the roles of creditor and debtor become united in one person. 3. Scots law. A doctrine whereby a
checks and balances. The theory of governmental power and functions whereby each branch of government has the ability to counter the actions of any other branch, so that no single branch can control the entire government. • For example, the executive branch can check the legislature by exercising its veto power, but the legislature can,
checks and balances Read More »
a mensa et thoro (ay men-s[schwa] et thor-oh). [Latin “from board and hearth”] (Of a divorce decree) ef-fecting a separation of the parties rather than a dissolution of the marriage (a separation a mensa et thoro was the usual way for a couple to separate under English law up until 1857). • Not all states
delegation doctrine 〈美〉授权原则 授权是指将宪法赋予某一政府部门的权力授予另一政府部门的行为。授权原则主要是基于权力分立〔separation of powers〕理念，限制国会将其立法权移交其他政府部门，尤其是行政部门的能力。美国宪法第一条第一款规定：「本宪法所授予的全部立法权，均属于由参议院和众议院组成的合众国国会。」因而，如果美国国会一定要独享这些立法权，那么没有其他部门能涉足这一领域似乎顺理成章。由此，国会立法权不能被让渡自然显而易见。然而，事实并非如此。由于国会既无时间又无精力对其政策和计划细节进行立法，在整个美国历史上立法权的授予始终存在。但立法权的授予仍必须受到某种限制，一般认为，只要国会在授予行政机关立法权时，确定了可以理解的原则〔intelligible principle〕，这一授权即合法成立。该词亦称nondelegation doctrine。 (→legislative veto)
delegation doctrine Read More »
division. 1. Parliamentary law. A counted vote. See counted vote under VOTE (4); DIVIDE THE ASSEMBLY. — Also termed division of the assembly; division of the house; division vote. 2. Parliamentary law. The separation of a long or complex motion, usu. one covering more than one subject, into shorter motions that the assembly considers independently.
substitution of parties. The replacement of one litigant by another because of the first litigant’s death, incompetency, transfer of interest, or, when the litigant is a public official, separation from office.
substitution of parties Read More »
Consolidated Omnibus Budget Reconciliation Act of 1985. A federal statute requiring employers that offer group health coverage to their employees to continue to do so for a prescribed period (usu. 18 to 36 months) after employment has terminated so that the former employee can continue to benefit from group-health rates until becoming a member of
consolidated omnibus budget reconciliation act of 1985 Read More »
separator, n. Oil & gas. Equipment used at a well site to separate oil, water, and gas produced in solution with oil. • Basic separators simply heat oil to speed the natural separation process. More complex separators may use chemicals.
A divorce granted after (1) a legal separation has been granted or the parties have signed a separation agreement, and (2) the parties have lived separately for a statutorily prescribed period. — Also termed convertible divorce; conditional divorce.
conversion divorce Read More »