fishing expedition. An attempt, through broad discovery requests or random questions, to elicit information from another party in the hope that something relevant might be found; esp., such an attempt that exceeds the scope of discovery allowed by procedural rules. — Also termed fishing trip. [Cases: Federal Civil Procedure 1272; Pretrial Procedure 28. C.J.S. Discovery […]
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common-enemy doctrine. Property. The rule that a landowner may repel surface waters as necessary (as during a flood), without having to consider the consequences to other landowners. • The doctrine takes its name from the idea that the floodwater is every landowner’s common enemy. [Cases: Waters and Water Courses 116–119. C.J.S. Waters §§ 255, 259–264,
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mature-minor doctrine. Family law. A rule holding that an adolescent, though not having reached the age of majority, may make decisions about his or her health and welfare if the adolescent demonstrates an ability to articulate reasoned preferences on those matters. • The mature-minor doctrine was recognized as constitutionally protected in certain medical decisions (esp.
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physical impossibility doctrine 客观不可能原则 指证人证言的内容如属于客观不可能的，虽无其他反证，法官亦不应采信。 (→physical fact rule)
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Squires doctrine. Patents. A rule of the U.S. Patent and Trademark Office that a utility-patent claim may incorporate drawings or tables by reference, but only when there is no practical way to express the information in words, and when referring to the artwork is a concise way to communicate the information. • The namesake case
The cost to society of any particular practice or rule [although automobiles are undeniably beneficial to society, they carry a certain social cost in the lives that are lost every year on the road].
mining claim. A parcel of land that contains precious metal in its soil or rock and that is appropriated by a person according to established rules and customs known as the process of location. See LOCATION(4), (5). [Cases: Mines and Minerals 13, 28. C.J.S. Mines and Minerals §§ 35, 65.] lode claim. A mining claim
doctrine of curative admissibility. A rule allowing a party to introduce otherwise inadmissible evidence to remove the prejudice caused by the improper admission of evidence that was offered by the opposing party. • The doctrine applies when a motion to strike cannot cure the prejudice created by the adverse party. — Also termed curative-admissibility doctrine.
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jus honorarium 〈拉〉(罗马法)长官法 罗马高级官吏是一种荣誉的职称，故又称荣誉法。指由罗马执政官〔consules〕、监察官〔censores〕、裁判官〔praetor〕、市政官〔curules aediles〕和外省总督等颁布的告示〔edict〕构成的法律。其中尤以裁判官的告示为罗马法的主要部分。
privileged, adj. 1. Not subject to the usual rules or liabilities; esp., not subject to disclosure during the course of a lawsuit (a privileged document). 2. Enjoying or subject to a privilege. See privileged motion under MOTION (2).