physical fact rule
physical fact rule 客观事实规则 一项证据法规则，指如果口头证言与客观有形的证据〔physical evidence〕不一致或相牴触，则该证言将不被接受。也称作doctrine of incontrovertible physical facts或incontrovertible-physical-facts doctrine。
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Search Results for: TROVER
quod non fuit negatum
quod non fuit negatum (kwod non f[y]oo-it ni-gay-t[schwa]m). [Law Latin] Hist. Which was not denied. • This phrase usu. signifies that an argument or proposal is not denied or controverted by the court.
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cestui que trust
cestui que trust (set-ee [orses-twee] kee [or k[schwa]] tr[schwa]st). [Law French] Archaic. One who possesses equitable rights in property, usu. receiving the rents, issues, and profits from it; BENEFICIARY. — Also termed fide-commissary; fidei-commissarius. Pl. cestuis que trust or (erroneously) cestuis que trustent.[Cases: Trusts 139. C.J.S. Trover and Conversion § 251.] “[A]n alternative name for
reasonable apprehension test
reasonable-apprehension test. Patents. A judicial analysis to decide whether there is a justiciable controversy between a patentee and an alleged infringer. • The test has two elements: (1) the patentee must make an explicit threat or take other action that makes another person reasonably believe that an infringement suit is likely, and (2) the other
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form of action
form of action. The common-law legal and procedural device associated with a particular writ, each of which had specific forms of process, pleading, trial, and judgment. • The 11 common-law forms of action were trespass, trespass on the case, trover, ejectment, detinue, replevin, debt, covenant, account, special assumpsit, and general assumpsit. [Cases: Action 29; Federal
springing use
A use that arises on the occurrence of a future event. • In the following example, B has a springing use that vests when B marries: “to A for the use of B when B marries.” — Also termed executory use. [Cases: Trusts 131; Wills 625. C.J.S. Trover and Conversion § 241; Wills§§ 1314–1317, 1319.]
judicial power
judicial power. 1. The authority vested in courts and judges to hear and decide cases and to make binding judgments on them; the power to construe and apply the law when controversies arise over what has been done or not done under it. • Under federal law, this power is vested in the U.S. Supreme
beneficial interest
A right or expectancy in something (such as a trust or an estate), as opposed to legal title to that thing. • For example, a person with a beneficial interest in a trust receives income from the trust but does not hold legal title to the trust property. [Cases: Descent and Distribution 68–81; Trusts 1.
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aliquot part rule
aliquot-part rule. The principle that a person must intend to acquire a fractional part of the ownership of property before a court can declare a resulting trust in the person’s favor. [Cases: Trusts 62–90. C.J.S. Trover and Conversion §§ 10–11, 128–142, 144–173.]
passive trust
A trust in which the trustee has no duty other than to transfer the property to the beneficiary. — Also termed dry trust; general trust; nominal trust; simple trust; naked trust; ministerial trust; technical trust. See bare trustee under TRUSTEE. Cf. active trust. [Cases: Trusts 136. C.J.S. Trover and Conversion §§ 13, 243.]