Criminal law. An affirmative defense alleging that a mental disorder caused the accused to commit the crime. See 18 USCA § 17; Fed. R. Crim. P. 12.2. • Unlike other defenses, a successful insanity defense may not result in in acquittal but instead in a special verdict (“not guilty by reason of insanity”) that usu. […]
mandatory subject of bargaining. Labor law. A topic that is required by the National Labor Relations Act to be discussed in good faith by the parties during labor negotiations; an essential employment matter, including wages, hours, and other terms and conditions of employment, about which management and the union are required to negotiate in good
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preponderance of the evidence. The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair
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prison. A state or federal facility of confinement for convicted criminals, esp. felons. — Also termed penitentiary; penal institution; adult correctional institution. Cf. JAIL. [Cases: Prisons 1. C.J.S. Prisons and Rights of Prisoners §§ 2–3.] private prison. A prison that is managed by a private company, not by a governmental agency.
strict scrutiny test 〈美〉严格审查(标准) 指法院在审查可疑分类〔suspect classifications〕如种族等是否违反平等法律保护条款〔Equal Protection Clause〕，以及在正当法律程序分析中对政府行为是否侵犯诸如投票权等公民基本权利时，用以评价政府行为合宪性的标准。「strict scrutiny」一词由美国最高法院大法官威廉·O.道格拉斯〔William O.Douglas〕于1942年在一起案件中首次使用。尽管先前对该标准多有歧见，但近年来美国最高法院对其表达渐趋一致。该标准要求被诉政府行为必须为实现「紧迫性」〔compelling〕政府利益所必需〔necessary〕，因而它是美国法院已阐明的三层次审查标准中最严厉的一项审查标准。一般性(最低)审查〔ordinary (minimum) scrutiny〕适用于政府对人们及其活动的大多数分类基础，例如，财产(或无财产)等经济和社会因素。该标准仅要求政府能证明此项分类计划与「合法」〔legitimate〕政府利益之间有「合理」〔reasonable〕关联。中度审查〔intermediate level scrutiny〕适用于以性别和无合法身份〔illegitimacy〕为基础的分类，它要求政府行为必须与「重要」〔important〕政府利益之间有实质性〔substantial〕关联。与法院假定立法或被诉政府行为合宪、原告负有证明其违宪责任的一般性审查相比，严格审查假定立法或被诉政府行为是违宪的，政府负有证明其具有紧迫性利益的责任。法院在确定被诉立法或政府行为的有效性时，必须集中在政府目的之上，而不仅仅是政府行为后果上。
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A paper that, although intended to be a negotiable instrument, lacks an essential element. • An incomplete instrument may be enforced if it is subsequently completed. UCC § 3-115. [Cases: Bills and Notes 144. C.J.S. Bills and Notes; Letters of Credit §§ 127, 129–130, 143.]
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power to inspect. Patents. The authority of a third party to review a patent application. • The power may be given by the applicant or an assignee, often to a potential buyer. It must specify which application the person is authorized to see, and it becomes part of the record of the application. See ACCESS(4),
most-favored-nation clause. 1. A clause in an agreement between two nations providing that each will treat the other as well as it treats any other nation that is given preferential treatment. [Cases: Treaties 8. C.J.S. Treaties § 6.] 2. By extension, such a clause in any contract, esp. an oil-and-gas contract. — Often shortened to
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The right to exclude from discovery and evidence in a legal proceeding any confidential communication that a patient makes to a physician for the purpose of diagnosis or treatment, unless the patient consents to the disclosure. — Also termed patient–physician privilege; physician–patient privilege; physician–client privilege. [Cases: Witnesses 207. C.J.S. Witnesses §§ 341–355.]
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treasure trove.[Law French “treasure found”] Valuables (usu. gold or silver) found hidden in the ground or other private place, the owner of which is unknown. • At common law in the United States, the finder of a treasure trove can usu. claim good title against all except the true owner. But until 1996, all treasure