confusion. 1. CONFUSION OF GOODS. 2. MERGER(9). “Confusion is the intermingling of two or more pieces of personal property so that the property rights in each can no longer be distinguished. Thereafter, no specific identification or separation of the formerly separate chattel is possible. Such an intermingling occurs most often with fungible goods like gas, […]
severance, n. 1. The act of cutting off; the state of being cut off. 2. Civil procedure. The separation of claims, by the court, of multiple parties either to permit separate actions on each claim or to allow certain interlocutory orders to become final. — Also termed severance of actions; severance of claims. See bifurcated
postnuptial agreement (pohst-n[schwa]p-sh[schwa]l). An agreement entered into during marriage to define each spouse’s property rights in the event of death or divorce. • The term commonly refers to an agreement between spouses during the marriage at a time when separation or divorce is not imminent. When dissolution is intended as the result, it is more
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distractio (di-strak-shee-oh), n. [Latin fr. distrahere “to draw apart”] Roman law. A separation or division into parts; an alienation or sale, such as a creditor’s sale of a pledge.
declaratory theory. The belief that judges’ decisions never make law but instead merely constitute evidence of what the law is. • This antiquated view — held by such figures as Coke and Blackstone — is no longer accepted. “There are … at least three good reasons why the declaratory theory should have persisted for some
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reconciliation (rek-[schwa]n-sil-ee-ay-sh[schwa]n), n. 1. Restoration of harmony between persons or things that had been in conflict (a reconciliation between the plaintiff and the defendant is unlikely even if the lawsuit settles before trial). 2. Family law. Voluntary resumption, after a separation, of full marital relations between spouses (the court dismissed the divorce petition after the
Property that is acquired during marriage and that is subject to distribution or division at the time of marital dissolution. • Generally, it is property acquired after the date of the marriage and before a spouse files for separation or divorce. The phrase marital property is used in equitable-distribution states and is roughly equivalent to
combatant (k[schwa]m-bat-[schwa]nt orkom-b[schwa]-t[schwa]nt).Int’l law. A person who participates directly in hostilities. • “Legitimate” combatants are members of the armed forces or uniformed members of a militia or volunteer corps, under military command and subject to the laws of war. Cf. NON-COMBATANT. enemy combatant (k[schwa]m-bat-[schwa]nt). A combatant captured and detained while serving in a hostile force
tutorship. Civil law. The office and power of a tutor; the power that an individual has, sui juris, to take care of one who cannot care for himself or herself. • The four types of tutorship are (1) tutorship by nature, (2) tutorship by will, (3) tutorship by the effect of the law, and (4)
Mississippi v. Johnson 〈美〉密西西比州诉约翰逊案 美国最高法院于1867年4月以9比0作出裁判的一起案件。1867年3月美国国会颁布了《重建法》〔Reconstruction Act〕，该法授予在南部邦联〔confederacy〕十个未重建州〔unrestored states〕由总统任命的武装司令官〔military commanders〕政治权力，要求这些州制定授予前奴隶投票权的新宪法。密西西比州向最高法院提出动议〔motion〕，以该法违宪为由要求最高法院阻止总统约翰逊〔Andrew Johnson〕实施该法。尽管约翰逊总统强烈反对《重建法》，但他认为密西西比州的行为是对总统权力的一种威胁，因而命令司法部长〔Attorney General〕反对此项动议。美国最高法院一致认为法院无权阻止总统执行某一被指控违宪的法律，它承认在1803年的马伯里诉麦迪逊一案中，最高法院虽已肯定其享有命令行政官员履行法定义务的权力，但却认为此项权力仅含无裁量权的执行义务〔ministerial duties〕，而不包含具有广泛裁量权和涉及行使政治判断〔political judgment〕的行政义务〔executive duties〕；总统的独特地位赋予其实施法律的宪法责任，法院无权限制他履行此项职责，尽管他一旦如此行事，他的行为必须接受法院审查。此案的判决并非司法胆怯的表现，相反，它建立在这一被广泛接受的共识之上：阻止某一法律的实施将危及权力分立〔separation of powers〕。
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