utrubi ([schwa]t-r[schwa]-bI), n. [Latin] Roman law. An interdict for maintaining the status quo of possession of movable property pending a ruling to determine its rightful owner. • In Roman law, this interdict gave possession of movable property to the party who had held it for the greater part of the previous year. Justinian applied the […]
judicial activism, n. A philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions, usu. with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent. Cf. JUDICIAL RESTRAINT(3). — judicial activist, n. “[I]f to resolve the
label-and-significant-characteristics test. Securities. The rule that an instrument will be governed by the secur-ities laws if it is labeled a stock and has the significant characteristics typically associated with shares of stock.
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departure n. (1)出发；偏离 (2)诉答变更 在普通法上的诉答程序中，当事人提出起诉理由或答辩理由后，在以后的诉答文书中又提出不同的根据或主张，即不再继续支持自己先前的理由。为了防止拖延诉讼，法律一般禁止当事人作此种变更。但美国《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕对于诉答变更未作规定，而是对诉答文书的修改采取了较为自由的原则。
A legislative directive included in a statute, intended to guide or direct a court’s interpretation of the statute. • A construction act can, for example, be a simple statement such as “The word ‘week’ means seven consecutive days” or a broader directive such as “Words and phrases are to be read in context and construed
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code of conduct. A written set of rules governing the behavior of a specified group, such as lawyers, government employees, or corporate employees. [Cases: Attorney and Client 32(2); Officers and Public Employees 110. C.J.S. Attorney and Client § 44; Officers and Public Employees §§ 234–245.]
cross-claim n. (1)〈美〉交叉请求 指诉讼中的共同当事人之一对其他共同当事人提出的请求，即共同原告相互之间或共同被告相互之间提出的请求。根据《联邦民事诉讼规则》〔Federal Rules of Civil Procedure〕，交叉请求必须与本诉请求或反请求基于同一事项而产生，或者与作为本诉标的的财产有关。它与反请求〔counterclaim〕的区别在于，后者指同一诉讼中的被告对原告提出的请求，但在实践中两者常被混用。 (2)〈英〉反诉；交叉诉讼 常等同于「cross action」使用。
Pauline privilege. Eccles. law. The doctrine that a baptized person’s marriage to a never-baptized person may be dissolved under certain circumstances, when dissolution is beneficial to the church. • The privilege is ordinarily exercised when (1) the marriage was valid, (2) the baptized spouse now wishes to marry a Catholic, and (3) at the time
private judging. A type of alternative dispute resolution whereby the parties hire a private individual to hear and decide a case. • This process may occur as a matter of contract between the parties or in connection with a statute authorizing such a process. — Also termed rent-a-judging. “In contrast [to arbitration], private judging is