junior user. Trademarks. A person other than the first person to use a trademark. • A junior user may be permitted to continue using a mark in areas where the senior user’s mark is not used, if the junior user did not know about the other user, and was the first user to register the […]
Theodosian Code (thee-[schwa]-doh-sh[schwa]n).Roman law. A compilation of imperial enactments prepared at the direction of the emperor Theodosius II and published in A.D. 438. • The Theodosian Code replaced all other imperial legislation from the time of Constantine I (A.D. 306–337), and remained the basis of Roman law until it was superseded by the first Justinian
Circumspecte agatis (s[schwa]r-k[schwa]m-spek-tee [schwa]-gay-tis). [Latin “that you act cir-cumspectly”] Hist. A directive from the king to his justices detailing the boundaries of ecclesiastical jurisdiction. • The directive, issued circa 1285, was originally in the form of a writ, but over time acquired statutory authority. The title Circumspecte agatis derives from the first few words of
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care, n. 1. Serious attention; heed (written with care). 2. Under the law of negligence or of obligations, the conduct demanded of a person in a given situation. • Typically, this involves a person’s giving attention both to possible dangers, mistakes, and pitfalls and to ways of minimizing those risks (standard of care). See DEGREE
virtue ethics. Ethics. An ethical theory that focuses on the character of the actor rather than on the nature of the act or its consequences. • This approach received its first and perhaps its fullest expression in the works of Aristotle, esp. in his Ethics. Cf. CONSEQUENTIALISM.
lying in wait (为谋杀他人而)事先埋伏 指为谋杀他人或故意伤害他人而事先埋伏在一个地点，当被害人经过时，进行突然袭击。lying in wait可以用来证明杀人者具有杀人的预谋和故意。作为加重情节，它必须由三个因素构成，即等候〔waiting〕、观望〔watching〕和秘密进行〔secrecy〕。在美国那些将谋杀罪划分等级的州中，如果杀人者实施了事先埋伏的行为，则构成一级谋杀罪〔murder in first degree〕。
A right, enforceable only in equity, to have a demand satisfied from a particular fund or specific property, without having possession of the fund or property. • It arises mainly in four circumstances: (1) when an occupant of land, believing in good faith to be the owner of that land, makes improvements, repairs, or other
Center for Minority Veterans. A unit in the U.S. Department of Veterans Affairs responsible for promoting the use of VA services, benefits, and programs by minority veterans.
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contingency with a double aspect. A contingent remainder existing along with a second remainder, the latter taking the remainder only if the first fails. • In the following example, this type of remainder would arise if A never has children: “to A for life, and if A has children, then to the children and their
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A person who occupies land in the interim arising after the death of a pur autre vie tenant but before the death of the person who serves as the measuring life for the estate. • The pur autre vie tenant does not state who may occupy the land after the death of the first tenant;