amendment of judgment
amendment of judgment 〈美〉判决的修改 根据美国《联邦民事诉讼规则》〔Federal Civil Procedure Rules〕，在判决登记后10日内可依据申请，基于充足理由对判决进行修正。 (→modification of judgment)
amendment of judgment Read More »
Search Results for: RULE, THE
leading case
leading case. 1. A judicial decision that first definitively settled an important legal rule or principle and that has since been often and consistently followed. • An example is Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602 (1966) (creating the exclusionary rule for evidence improperly obtained from a suspect being interrogated while in police
drafting
drafting. The practice, technique, or skill involved in preparing legal documents — such as statutes, rules, regulations, contracts, and wills — that set forth the rights, duties, liabilities, and entitlements of persons and legal entities. — Also termed legal drafting.
doctrine of contra non valentem
doctrine of contra non valentem (kon-tr[schwa] non v[schwa]-len-t[schwa]m). The rule that a limitations or prescriptive period does not begin to run against a plaintiff who is unable to act, usu. because of the defendant’s culpable act, such as concealing material information that would give rise to the plaintiff’s claim. — Often shortened to contra non
doctrine of contra non valentem Read More »
regular meeting
A periodic meeting held at a time set in an organization’s governing documents or under a standing rule or schedule that the deliberative assembly has adopted. — Also termed stated meeting. Cf. special meeting.
state of mind exception
state-of-mind exception. Evidence. The principle that an out-of-court declaration of an existing motive is admissible, even when the declarant cannot testify in person. • This principle constitutes an exception to the general rule that hearsay is inadmissible. [Cases: Criminal Law 419(2.20); Evidence 268. C.J.S. Criminal Law § 862; Evidence §§ 314–318, 325, 327–328, 330.]
state of mind exception Read More »
dueling
dueling, n. The common-law offense of fighting at an appointed time and place after an earlier disagreement. • If one of the participants is killed, the other is guilty of murder, and all who are present, abetting the crime, are guilty as principals in the second degree. [Cases: Criminal Law 45.30. C.J.S. Dueling §§ 2–3.]
notice of orders or judgments
notice of orders or judgments. Written notice of the entry of an order or judgment, provided by the court clerk or one of the parties. • Notice of a judgment is usu. provided by the clerk of the court in which the judgment was entered. If the court does not provide notice, a party is
notice of orders or judgments Read More »
despotism
despotism (des-p[schwa]-tiz-[schwa]m). 1. A government by a ruler with absolute, unchecked power. 2. Total power or controlling influence.
constructive receipt doctrine
constructive-receipt doctrine. The rule that gross income under a taxpayer’s control before it is actually received (such as accumulated interest income that has not been withdrawn) must be included by the taxpayer in gross income, unless the actual receipt is subject to significant constraints. IRC (26 USCA) § 451. [Cases: Internal Revenue 3081.]
constructive receipt doctrine Read More »