failure of proof
A party’s not having produced evidence establishing a fact essential to a claim or defense.
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change in circumstances
change in circumstances. Family law. A modification in the physical, emotional, or financial condition of one or both parents, used to show the need to modify a custody or support order; esp., an involuntary occurrence that, if it had been known at the time of the divorce decree, would have resulted in the court’s issuing
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Clameur de Haro
Clameur de Haro 〈法〉「哈罗」呼叫 受难或警报时的呼叫，整个呼叫是「哈罗，哈罗，哈罗，救命啊，我的恩人，我受到了伤害!」，后来是将「哈罗」连喊三遍。它从很早时就已出现于海峡群岛〔Channel Islands〕的法律中，至今仍有效。在泽西岛〔Jersey〕和根西岛〔Guernsey〕,它是抗议入侵土地的一种古老的方法。已经呼叫的事实要在地方注册官署登记。该呼叫须受尊重，侵入行为须停止，因而它起到临时禁令的效果。该呼叫经认可而记载于《诺曼底习惯法大全》〔Grand Coutumier de Normandie〕。撒克逊法也承认类似习惯，称「受害呼叫」〔Clamor violentiae〕，但仅用于刑事指控中，后扩大适用于民事侵权行为。
critical limitation
critical limitation. Patents. A limitation essential either to the operativeness of an invention or to the patentability of a patent claim for the invention. [Cases: Patents 165(2). C.J.S. Patents § 289.]
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motion in limine
motion in limine (in lim-[schwa]-nee). A pretrial request that certain inadmissible evidence not be referred to or offered at trial. • Typically, a party makes this motion when it believes that mere mention of the evidence during trial would be highly prejudicial and could not be remedied by an instruction to disregard. If, after the
antihazing statute
antihazing statute. A (usu. criminal) law that prohibits an organization or members of an organization from requiring a prospective member, as a condition of membership, to do or submit to any act that presents a sub-stantial risk of physical or mental harm. • In 1874 Congress passed the first antihazing statute, directed at stopping hazing
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welfare plan
Under ERISA, any plan, fund, or program established or maintained by an employer or an employee organization for the purpose of providing to participants or their beneficiaries any number of potential benefits: medical, surgical, or hospital care or benefits; benefits in the event of sickness, accident, disability, death, or unemployment; vacation benefits; apprenticeship or other
merx et pretium
merx et pretium (m[schwa]rks et pree-shee-[schwa]m). [Law Latin] Roman & Scots law. Goods and a price. • These components are two essential items for a sales contract.
roman law
Roman law. The legal system of the ancient Romans, forming the basis of the modern civil law; CIVIL LAW(1). “The Roman law is the body of rules that governed the social relations of many peoples in Europe, Asia, and Africa for some period between the earliest prehistoric times and 1453 A.D. This date should perhaps
audience test
audience test. Copyright. A judicial analysis used to determine whether the lay observer or an ordinary, reasonable audience would conclude that the protectable expression in a copyrighted work is substantially similar to the expression in the accused work. — Also termed ordinary-observer test; ordinary-lay-observer test. [Cases: Copyrights and Intellectual Property 53(1).]