administrative proceeding. A hearing, inquiry, investigation, or trial before an administrative agency, usu. ad-judicatory in nature but sometimes quasi-legislative. — Also termed evidentiary hearing; full hearing; trial-type hearing; agency adjudication. [Cases: Administrative Law and Procedure 309, 341–513. C.J.S. Public Administrative Law and Procedure §§ 71, 76–171.]
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miscarriage of justice. A grossly unfair outcome in a judicial proceeding, as when a defendant is convicted despite a lack of evidence on an essential element of the crime. — Also termed failure of justice.
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One of a class of misdemeanors having more severe penalties than most other misdemeanors. • Conduct rising to the level of a serious misdemeanor can, in some jurisdictions, be charged as either a felony or a misdemeanor. — Also termed high misdemeanor; indictable misdemeanor; penitentiary misdemeanor; aggravated misdemeanor.
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A dedication for which the necessary steps are statutorily prescribed, all of which must be substantially followed for an effective dedication. [Cases: Dedication 22. C.J.S. Dedication § 27.]
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A close alignment of interests between actual parties and potential parties in a lawsuit, so that the interests of potential parties are sufficiently protected by the actual parties. • The concept of adequate representation is often used in procedural contexts. For example, if a case is to be certified as a class action, there must
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dangerous-proximity test. Criminal law. A common-law test for the crime of attempt, focusing on whether the defendant is dangerously close to completing the offense. • Factors include the gravity of the potential crime, the apprehension of the victim, and the uncertainty of the crime’s occurrence. See ATTEMPT(2). [Cases: Criminal Law 44. C.J.S. Criminal Law §§
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A method of zoning in which any use permitted in a higher-use, less intensive zone is per-missible in a lower-use, more intensive zone. • For example, under this method, a house could be built in an industrial zone but a factory could not be built in a residential zone.
bill of gross adventure 共同风险贷款合同 指船舶抵押贷款合同、船货抵押贷款合同及其他海商贷款合同。(→gross adventure; bottomry; respondentia)
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defective, adj. 1. (Of a position, right, act, or process) lacking in legal sufficiency (defective execution of documents) (defective service of process). 2. (Of a product) containing an imperfection or shortcoming in a part essential to the product’s safe operation (defective wiring caused the accident). [Cases: Products Liability 8. C.J.S. Products Liability §§ 11–15.]
reasonable-inference rule. An evidentiary principle providing that a jury, in deciding a case, may properly consider any reasonable inference drawn from the evidence presented at trial. Cf. PYRAMIDING INFERENCES, RULE AGAINST. [Cases: Criminal Law 559; Evidence 595. C.J.S. Criminal Law § 1096; Evidence §§ 1300, 1341.]
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