new-for-old. 1. Marine insurance. In adjusting a partial marine-insurance loss, the principle that old materials apply toward payment of the new, so that the old material’s value is deducted from the total repair expenses, and then from that balance one-third of the cost of repairs (one-third of the new materials for the old on the […]
Technical Advice Memorandum. A publication issued by the national office of the IRS, usu. at a taxpayer’s request, to explain some complex or novel tax-law issue. — Abbr. TAM. [Cases: Internal Revenue 3044, 3051.]
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Baumes Law. A statute that provides for stricter criminal prosecution and penalties up to life imprisonment for an offender who has four convictions for felonies or certain misdemeanors. • The first Baumes Law, named for New York state Senator Caleb H. Baumes, was passed by the New York legislature in 1926. Cf. THREE-STRIKES LAW.
destination. 1. The predetermined end of a course, as of a voyage or package shipment. 2. The act of appointment, esp. in a will; a designation. 3. Scots law. The nomination of heirs — esp. in a certain order — by law or under a will. “The series of heirs called to the succession of
commercial speech doctrine 〈美〉商业用语原则 被划分为「商业性」的语言不受美国宪法第一条修正案〔First Amendment〕对言论自由的保护，因此可以受法律法规的制约。这一原则现已废止。
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second lien 第二顺位优先权 在同一财产上形成的仅次于第一顺位优先权〔first lien〕的优先权。变卖该财产的收益在满足第一顺位优先权后，即应满足第二顺位优先权。 (→second mortgage)
pair. Parliamentary law. Two voters, usu. legislators, on opposite sides of an issue who agree that they will abstain if either cannot vote on the issue. • A pair is usu. announced and recorded. “In a legislative body it is a rule that no member can vote who is not present when the question is
disqualification, n. 1. Something that makes one ineligible; esp., a bias or conflict of interest that prevents a judge or juror from impartially hearing a case, or that prevents a lawyer from representing a party. [Cases: Judges 39; Jury 97. C.J.S. Judges §§ 62, 98, 100–102, 107; Juries §§ 225, 248, 370–373, 378–379, 398–399, 415,
advertising substantiation. A doctrine of the Federal Trade Commission making it an unfair and deceptive act to put out an advertisement unless the advertiser first has a reasonable basis for believing that each claim in the advertisement is true.
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tacking. 1. The joining of consecutive periods of possession by different persons to treat the periods as one continuous period; esp., the adding of one’s own period of land possession to that of a prior possessor to establish continuous adverse possession for the statutory period. See ADVERSE POSSESSION . [Cases: Adverse Possession 39–56. C.J.S. Adverse