view

view, n.

1. The common-law right of prospect — that is, an outlook from the windows of one’s house.

2. An urban servitude that prohibits the obstruction of the outlook from a person’s house. [Cases: Adjoining Landowners 10; Easements 11, 19, 45. C.J.S. Adjoining Landowners §§ 68–69, 71, 74; Easements§§ 51–52, 85–87, 151.]

3. A jury’s trip to inspect a place or thing relevant to the case it is considering; the act or proceeding by which a tribunal goes to observe an object that cannot be produced in court because it is immovable or inconvenient to remove. • The appropriate procedures are typically regulated by state statute. At common law, and today in many civil cases, the trial judge’s presence is not required. The common practice has been for the jury to be escorted by “showers” who are commissioned for this purpose. Parties and counsel are generally permitted to attend, although this is a matter typically within the trial judge’s discretion. See SHOWER. Cf. VIEW OF AN INQUEST . [Cases: Criminal Law 651; Federal Civil Procedure 1968; Trial 28. C.J.S. Criminal Law § 1156; Trial§§ 117–119.]

4. In a real action, a defendant’s observation of the thing at issue to ascertain its identity and other circumstances surrounding it. Cf. DEMAND OF VIEW.


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译者Peter,毕业于亚洲顶尖的高级翻译学院,擅长翻译各种与复杂金融产品相关的法律文件。
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