A court’s last action that settles the rights of the parties and disposes of all issues in controversy, except for the award of costs (and, sometimes, attorney’s fees) and enforcement of the judgment. — Also termed final appealable judgment; final decision; final decree; definitive judgment; determinative judgment; final appealable order. See FINAL-JUDGMENT RULE. [Cases: Appeal […]
aedilitium edictum 〈拉〉市政官谕令 由市政官〔curule aedile〕实施的旨在为买卖中的诈欺行为提供救济的谕令。根据其规定，如有人将有病的或有缺陷的奴隶、马或其他动物当作无病或无缺陷者出售，则买主不承担义务，一切损失由卖主承担。
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civil union. Family law. A marriage-like relationship, often between members of the same sex, recognized by civil authorities within a jurisdiction. • Vermont was the first state to recognize civil unions. In December 1999, the Vermont Supreme Court ruled that denying gay couples the benefits of marriage amounted to unconstitutional discrimination. Baker v. State, 744
restitution n. 返还原物；恢复原状；取回 原是一种衡平救济，指恢复在损害伤害发生之前的状态或者使之恢复无违约时的应有状态，可以是取回被非法剥夺占有的原物，也可以是支付相应的等价物。它多用于在侵权行为法及商法等中。该词也可以指不当得利的返还。(→restoration rule; writ of restitution)
riparian-rights doctrine. The rule that owners of land bordering on a waterway have equal rights to use the water passing through or by their property. Cf. PRIOR-APPROPRIATION DOCTRINE. [Cases: Navigable Waters 39; Waters and Water Courses 40. C.J.S. Navigable Waters § 82; Waters§ 12.]
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aristocracy. 1. A privileged class of persons, esp. the hereditary nobility. 2. A government ruled by a privileged class.
equitable (ek-wi-t[schwa]-b[schwa]l), adj. 1. Just; consistent with principles of justice and right. 2. Existing in equity; available or sustainable by an action in equity, or under the rules and principles of equity.
A party’s production of relevant evidence to an opponent at a time earlier than would otherwise be required by rule or standing order of the court. • The accelerated discovery is usu. carried out in compliance with a specific court order or the parties’ agreement. — Also termed accelerated disclosure.
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The deliberate disregard by an employee of the employer’s interests, including its work rules and standards of conduct, justifying a denial of unemployment compensation if the employee is terminated for the misconduct. [Cases: Social Security and Public Welfare 388. C.J.S. Social Security and Public Welfare § 220.]
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