church rates. Hist. Eccles. law. A tax levied on parishioners by churchwardens and other representatives of the parish to raise funds for the repair and maintenance of the parish church. • The power to set and collect such taxes was abolished in England in 1868.
Cooley doctrine. Constitutional law. The principle that Congress has exclusive power under the Commerce Clause to regulate the national as well as the local aspects of national commercial matters, and that the states may regulate those aspects of interstate commerce so local in character as to require diverse treatment. • The Supreme Court has abandoned
hovering act. Int’l law. A statute applying to a coastal country’s criminal jurisdiction over ships, and persons aboard those ships, when the ships are outside the country’s territory. “The notion of hovering acts evolved long before that of a belt of uniform width in the form of territorial waters. Great Britain’s first anti-smuggling legislation to
Hague Peace Conferences 海牙和平会议 指1899年和1907年在海牙召开的两次会议。第一次会议最为重要的成就在于通过了《和平解决国际争端公约》〔Convention for the Pacific Settlement of International Disputes〕等一系列公约，创建了常设仲裁法院〔Permanent Court of Arbitration; Panel of Arbitrators; Permanent Hague Court; Tribunal of the Hague〕。第二次会议通过了《限制用兵索取契约债务公约》〔Convention respecting the Limitation of the Employment of Force for the Recovery of Contract Debts〕、《陆战时中立国及人民权利义务公约》〔Convention respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land〕等一系列公约。两次海牙和平会议确立了国际问题可以而且应该通过和平方法和手段解决的原则。
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earning capacity. A person’s ability or power to earn money, given the person’s talent, skills, training, and experience. • Earning capacity is one element considered when measuring the damages recoverable in a personal-injury lawsuit. And in family law, earning capacity is considered when awarding child support and spousal maintenance (or alimony) and in dividing property
duplex valor maritagii (d[y]oo-pleks val-[schwa]r mar-[schwa]-tay-jee-I), n. [Law Latin “double the value of a marriage”] Hist. A ward’s forfeiture of double the value of a marriage made without the guardian’s consent. • In the quotation that follows, Blackstone uses the accusative form (duplicem valorem maritagii) because the phrase follows the verb forfeited. “For, while the
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antimanifesto. Int’l law. A proclamation in which a belligerent power asserts that the war is a defensive one for that power.
festuca (fes-tyoo-k[schwa]). Hist. A rod, staff, or stick used as a pledge (or gage) of good faith by a party to a contract or as a token of conveyance of land. • In Roman law, a festuca was a symbol of ownership. — Also termed fistuca; vindicta. See LIVERY OF SEISIN. “The wed or gage,
arrogation (ar-[schwa]-gay-sh[schwa]n), n. 1. The act of claiming or taking something without the right to do so (some commentators argue that limited military actions unilaterally ordered by the President are an arrogation of Congress’s power to declare war). 2. Roman & civil law. The adoption of an adult; specif., the adoption of a person sui