ad hoc compromis
ad hoc compromis 特定国际争端解决协议 将国家间已发生的特定争端提交指定的仲裁机构或国际法庭解决的协议。也称「compromis proper」、「special agreement」。
Search Results for: GREE
assenting silence doctrine
assenting-silence doctrine. The principle that an accusation will be taken as true, despite silence by the accused, if the accusation was made under circumstances in which silence can be fairly said to be an agreement. • This doctrine is usu. held to be invalid as a measure of a criminal defendant’s guilt. [Cases: Criminal Law
assenting silence doctrine Read More »
attorney–client relationship
The formal legal representation of a person by a lawyer. • An attorney–client relationship may be found, for disciplinary purposes, without any formal agreement.
attorney–client relationship Read More »
capitulation
capitulation (k[schwa]-pich-[schwa]-lay-sh[schwa]n), n. 1. The act of surrendering or giving in. 2. Int’l law. An agreement to surrender a fortified place or a military or naval force. • A commander in control may generally make such an agreement for the place or force. [Cases: War and National Emergency 9. C.J.S. War and National Defense §
calculated ambiguity
A purposeful use of unclear language, usu. when two negotiating parties cannot agree on clear, precise language and therefore leave a decision-maker to sort out the meaning in case of a dispute. • Strictly speaking, this is a misnomer: the more precise term is vagueness, not ambiguity. See VAGUENESS(1).
calculated ambiguity Read More »
witnesseth
witnesseth, vb. Shows; records. • This term, usu. set in all capitals, commonly separates the preliminaries in a contract, up through the recitals, from the contractual terms themselves. Modern drafters increasingly avoid it as an antiquarian relic. Traditionally, the subject of this verb was This Agreement: the sentence, boiled down, was This Agreement witnesseth [i.e.,
essential mistake
Contracts. A mistake serious enough that no real consent could have existed, so that there was no real agreement. [Cases: Contracts 93. C.J.S. Contracts §§ 136, 147–148.]
surrender by operation of law
surrender by operation of law. An act that is an equivalent to an agreement by a tenant to abandon property and the landlord to resume possession, as when the parties perform an act so inconsistent with the landlord–tenant relationship that surrender is presumed, or when a tenant performs some act that would not be valid
surrender by operation of law Read More »
imprisonment
imprisonment, n. 1. The act of confining a person, esp. in a prison (the imprisonment of Jackson was entirely justified). 2. The state of being confined; a period of confinement (Jackson’s imprisonment lasted 14 years). See FALSE IMPRISONMENT. “Imprisonment, by whatever name it is called, is a harsh thing, and the discipline that must be
mail, n. 1. One or more items that have been properly addressed, stamped with postage, and deposited for delivery in the postal system. [Cases: Postal Service 13. C.J.S. Postal Service and Offenses Against Postal Laws §§ 6, 15.] 2. An official system for delivering such items; the postal system. [Cases: Postal Service 3. C.J.S. Postal