spillover theory. The principle that a severance must be granted only when a defendant can show that trial with a codefendant would substantially prejudice the defendant’s case, as when the jury might wrongly use evidence against the defendant. See BRUTON ERROR. [Cases: Criminal Law 622.2(8). C.J.S. Criminal Law §§ 570–571.] “The spillover theory involves the […]
An asset that is not readily convertible into cash, usu. because of (1) the lack of demand, (2) the absence of an established market, or (3) the substantial cost or time required for liquidation (such as for real property, even when it is desirable).
admiralty jurisdiction 海事管辖权；海事裁判权 法院对海事案件所拥有的管辖权或裁判权。在英格兰普通法中，海事案件包括船舶碰撞、救助报酬请求、海军特权〔droits of Admiralty〕、船舶占有、押船贷款〔bottomry〕与押货贷款〔respondentia bonds〕、船员工资请求等方面的案件，而有关的制定法又将其范围扩展至拖船费请求、货损索赔、海事赔偿责任限制、从海盗处夺回被掠的财产的权利以及向不当悬挂不列颠国旗的本国船只罚款的权力等方面。在苏格兰，海事管辖权同普通法上的民事管辖权一样，由最高民事法院〔Court of Session〕和郡法院〔Sheriff Court〕行使，并由相同的法官裁判。在就船舶或船上货物提起诉讼时(不论其诉因是否与海事有关)，或在管辖权已明示由具有海事管辖权的法院行使的场合，最高民事法院和郡法院享有海事管辖权。在此种诉讼中，这些法院必须依照为苏格兰和英格兰所通用的一般海事法行使审判权。在美国，联邦宪法及制定法对联邦法院的海事管辖权范围未作规定，而由法官在司法实践中依具体案情确定，但原则上联邦地区法院对所有发生在领海以内、包括五大湖及可航内河中的海事案件——无论刑事的或民事的——均拥有排他的管辖权。
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favorite of the law. A person or status entitled to generous and preferential treatment in legal doctrine. “It has long been said that the surety is a favorite of the law and his contract strictissimi-juris.” Laurence P. Simpson, Handbook on the Law of Suretyship 94 (1950).
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conclusion of fact. A factual deduction drawn from observed or proven facts; an evidentiary inference. Cf. FINDING OF FACT.
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A public offer to buy a minimum number of shares directly from a corporation’s shareholders at a fixed price, usu. at a substantial premium over the market price, in an effort to take control of the corporation. — Also termed takeover offer; takeover bid. Cf. public-exchange offer under OFFER. [Cases: Securities Regulation 52.30–52.50. C.J.S. Securities
abstraction-filtration-comparison test. Copyright. A judicially created test for determining whether substantial similarity exists between two works in an action for infringement. • In the first step, the court dissects the copy-righted work’s structure and isolates each level of abstraction or generality (abstraction test). In the second step, the court examines each level of abstraction and
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A legal interest in another person’s life or health or in the protection of property from injury, loss, destruction, or pecuniary damage. • To take out an insurance policy, the purchaser or the potential insured’s beneficiary must have an insurable interest. If a policy does not have an insurable interest as its basis, it will
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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.
evidence of insurability. Information — such as medical records or a medical examination — that an insurer may require to establish a potential insured’s qualification for a particular insurance policy. [Cases: Federal Civil Procedure 1973; Trial 127. C.J.S. Trial §§ 136–139, 262, 317.]
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