non est inventus (non est in-ven-t[schwa]s). [Latin “he is not found”] Hist. A statement in a sheriff’s return indicating that the person ordered arrested could not be found in the sheriff’s jurisdiction. — Sometimes shorted to non est. — Abbr. n.e.i. “If non est inventus was returned to the bill, and the plaintiff had reason […]
comparative law. The scholarly study of the similarities and differences between the legal systems of different jurisdictions, such as between civil-law and common-law countries. — Also termed comparative jurisprudence. See INTERNATIONAL LAW. “What is known as comparative jurisprudence — namely, the study of the resemblances and differences between different legal systems — is not a
republic n. 共和国；共和政体 人民享有统治权〔sovereign power〕，并选举代表行使此项权力的一种政府体制。此种政体一方面不同于纯粹民主制，后者是由人民或社团作为一个有组织的整体掌握政府的统治权；另一方面它也区别于一人统治〔rule of one person〕(如国王、君主等)。该词可缩略为rep.。(→democracy)
The interest of a nonbreaching party in being put in the position that would have resulted if the contract had been performed. See expectation damages under DAMAGES; BENEFIT-OF-THE-BARGAIN RULE. [Cases: Damages 117; Fraud 59(2).]
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collateral-negligence doctrine. The rule holding that one who engages an independent contractor is not liable for physical harm that the contractor causes if (1) the contractor’s negligence consists solely of the improper manner in which the contractor’s work is performed, (2) the risk of harm created is not normal to the work, and (3) the
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nil debet 〈拉〉一无所欠 非基于盖印合同〔specialty〕的债务诉讼〔action of debt〕中的一种概括否认答辩〔general issue〕。根据英国1852年《普通法诉讼程序法》〔Common Law Procedure Act〕，这一答辩方式被「从未欠债答辩」〔nunquam indebtitatus〕取代。而《最高法院规则》〔Rules of the Supreme Court〕最终取消了被告概括否认的答辩方式，规定被告必须针对原告的每项事实陈述——有关损害赔偿金的除外——表明否认态度，「从未欠债的答辩」随后也被废除。
(1843)2 Hare 461 Foss v.Harbottle (1843)2 Hare 461 〈英〉福斯诉哈伯特尔案 (→Rule in Foss v.Harbottle)
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coconspirator’s exception. An exception to the hearsay rule whereby one conspirator’s acts and statements, if made during and in furtherance of the conspiracy, are admissible against a defendant even if the statements are made in the defendant’s absence. See Fed. R. Evid. 801(d)(2)(E). — Also termed coconspirator’s rule. See HEARSAY. [Cases: Criminal Law 422–428; Evidence
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ordinance (or-d[schwa]-n[schwa]nts). An authoritative law or decree; esp., a municipal regulation. • Municipal governments can pass ordinances on matters that the state government allows to be regulated at the local level. — Also termed bylaw; municipal ordinance. [Cases: Municipal Corporations 105. C.J.S. Municipal Corporations §§ 247–251.] “An ordinance … may be purely administrative in nature,
The rule that an inadmissible piece of evidence may be admitted if offered to cure or counteract the effect of some similar piece of the opponent’s evidence that itself should not have been admitted. [Cases: Criminal Law 396; Evidence 155. C.J.S. Criminal Law § 758; Evidence §§ 248–250.]
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