英文法律词典 N-1
文章来源: 文章作者: 发布时间:2008-03-20 05:28 字体: [ ]  进入论坛
(单词翻译:双击或拖选)

NAIL, A measure of length, equal to two inches and a quarter. Vide Measure.

NAKED. This word is used in a metaphorical1 sense to denote that a thing is not complete, and for want of some quality it is either without power, or it possesses a limited power. A naked contract, is one made without consideration, and, for that reason, it is void; a naked authority, is one given without any right in the agent, and wholly for the benefit of the principal. 2 Bouv. Inst. n. 1302. See Nudum Pactum.

NAME. One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.

2. The Greeks, as is well known, bore only one name, and it was one of the especial rights of a father to choose the names for hi's children and to alter them if he pleased. It was customary to give to the eldest2 son the name of the grandfather on his father's side. The day on which children received their names was the tenth after their birth. The tenth day, called 'denate,' was a festive3 day, and friends and relatives were invited to take part in a sacrifice and a repast. If in a court of justice proofs could be adduced that a father had held the denate, it was sufficient evidence that be had recognized the child as his own. Smith's Diet. of Greek and Rom. Antiq. h. v.

3. Among the Romans, the division into races, and the subdivision of races into families, caused a great multiplicity of names. They had first the pronomen, which was proper to the person; then the nomen, belonging to his race; a surname or cognomen4, designating the family; and sometimes an agnomen, which indicated the branch of that family in which the author has become distinguished5. Thus, for example, Publius Cornelius Scipio Africanus; Publius is the pronomen; Cornelius, the nomen, designating the name of the race Cornelia; Scipio, the cognomen, or surname of the family; and Africanus, the agnomen, which indicated his exploits.

4. Names are divided into Christian6 names, as, Benjamin, and surnames, as, Franklin.

5. No man can have more than one Christian name; 1 Ld. Raym. 562; Bac. Ab. Misnomer7, A; though two or more names usually ke* t separate, as John and Peter, may undoubtedly8 be compounded, so as to form, in contemplation of law, but one. 5 T. R. 195. A letter put between the Christian and surname, as an abbreviation of a part of the Christian name, as, John B. Peterson, is no part of either. 4 Watts9' R. 329; 5 John. R. 84; 14 Pet. R. 322; 3 Pet. R. 7; 2 Cowen. 463; Co. Litt. 3 a; 1 Ld. Raym. 562; , Vin. Ab. Misnomer, C 6, pl. 5 and 6: Com. Dig. Indictment10, G 1, note u; Willes, R. 654; Bac. Abr. Misnomer and Addition; 3 Chit. Pr. 164 to 173; 1 Young, R. 602. But see 7 Watts & Serg. 406.

5. In general a corporation must contract and sue and be sued by its corporate11 name; 8 Jobn. R. 295; 14 John. R. 238; 19 John. R. 300; 4 Rand. R. 359; yet a slight alteration12 in stating the name is unimportant, if there be no possibility of mistaking the identity of the corporation suing. 12 L. R. 444.

6. It sometimes happens that two different sets of partners carry on business in the same social name, and that one of the partners is a member of both firms. When there is a confusion in this respect, the partners of one firm may, in some cases, be made responsible for the debts of another. Baker13 v. Charlton, Peake's N. P. Cas. 80; 3 Mart. N. S. 39; 7 East. 210; 2 Bouv. Inst. n. 1477.

7. It is said that in devises if the name be mistaken, if it appear the testator meant a particular corporation, the devise will be good; a devise to " the inhabitants of the south parish," may be enjoyed by the inhabitants of the first parish. 3 Pick. R. 232; 6 S. & R. 11; see also Hob. 33; 6 Co. 65; 2 Cowen, R, 778.

8. As to names which have the same sound, see Bac. Ab. Misnomer, A; 7 Serg & Rawle, 479; Hammond's Analysis of Pleading, 89; 10 East. R. 83; and article Idem Sonans.

9. As to the effect of using those which have the same derivation, see 2 Roll. Ab. 135; 1 W. C. C. R. 285; 1 Chit. Cr. Law 108. For the effect of changing one name, see 1 Rop. Leg. 102; 3 M. & S. 453 Com. Dig. G 1, note x.

10. As to the omission14 or mistake of the name of a legatee, see 1 Rop. Leg. 132, 147; 1 Supp. to Ves. Jr. 81, 82; 6 Ves. 42; 1 P. Wms. 425; Jacob's R. 464. As to the effect of mistakes in the names of persons in pleading, see Steph. Pl. 319. Vide, generally, 13 Vin. Ab. 13; 15 Vin. Ab. 595; Dane's Ab. Index, h. t.; Roper on Leg. Index, b. t; 8 Com: Dig., 814; 3 Mis. R. 144; 4 McCord, 487; 5 Halst. 230; 3 Mis. R. 227; 1 Pick. 388; Merl. Rep. mot Nom; and article Misnomer.

11. When a person uses a name in making a contract under seal, he will not be permitted to say that it is not his name; as, if he sign and seal a bond " A and B," (being his own and his partner's name,) and he had no authority from bis partner to make such a deed, he cannot deny that bis name is A. & B. 1 Raym. 2; 1 Salk. 214. And if a man describes himself in the body of a deed by the name of James and signs it John, he cannot, on being sued by the latter name, plead that his name is James. 3 Taunt15. 505; Cro. Eliz. 897, n. a. Vide 3 P. & D. 271; 11 Ad. & L. 594.



点击收听单词发音收听单词发音  

1 metaphorical OotzLw     
a.隐喻的,比喻的
参考例句:
  • Here, then, we have a metaphorical substitution on a metonymic axis. 这样,我们在换喻(者翻译为转喻,一种以部分代替整体的修辞方法)上就有了一个隐喻的替代。
  • So, in a metaphorical sense, entropy is arrow of time. 所以说,我们可以这样作个比喻:熵像是时间之矢。
2 eldest bqkx6     
adj.最年长的,最年老的
参考例句:
  • The King's eldest son is the heir to the throne.国王的长子是王位的继承人。
  • The castle and the land are entailed on the eldest son.城堡和土地限定由长子继承。
3 festive mkBx5     
adj.欢宴的,节日的
参考例句:
  • It was Christmas and everyone was in festive mood.当时是圣诞节,每个人都沉浸在节日的欢乐中。
  • We all wore festive costumes to the ball.我们都穿着节日的盛装前去参加舞会。
4 cognomen mqPzC     
n.姓;绰号
参考例句:
  • Rufus is an unusual cognomen.鲁弗斯不是一个平常的姓。
  • Red got his cognomen for his red hair.“红毛”的绰号源于他的红头发。
5 distinguished wu9z3v     
adj.卓越的,杰出的,著名的
参考例句:
  • Elephants are distinguished from other animals by their long noses.大象以其长长的鼻子显示出与其他动物的不同。
  • A banquet was given in honor of the distinguished guests.宴会是为了向贵宾们致敬而举行的。
6 Christian KVByl     
adj.基督教徒的;n.基督教徒
参考例句:
  • They always addressed each other by their Christian name.他们总是以教名互相称呼。
  • His mother is a sincere Christian.他母亲是个虔诚的基督教徒。
7 misnomer nDtxR     
n.误称
参考例句:
  • Herbal"tea"is something of a misnomer because these drinks contain no tea at all.花草“茶”是一个误称,因为这类饮料里面根本不含茶。
  • Actually," Underground "is a misnomer,because more than half the shops are above ground.实际上,“ 地下 ” 这个名称用之不当,因为半数以上的店铺是在地面上的。
8 undoubtedly Mfjz6l     
adv.确实地,无疑地
参考例句:
  • It is undoubtedly she who has said that.这话明明是她说的。
  • He is undoubtedly the pride of China.毫无疑问他是中国的骄傲。
9 watts c70bc928c4d08ffb18fc491f215d238a     
(电力计量单位)瓦,瓦特( watt的名词复数 )
参考例句:
  • My lamp uses 60 watts; my toaster uses 600 watts. 我的灯用60瓦,我的烤面包器用600瓦。
  • My lamp uses 40 watts. 我的灯40瓦。
10 indictment ybdzt     
n.起诉;诉状
参考例句:
  • He handed up the indictment to the supreme court.他把起诉书送交最高法院。
  • They issued an indictment against them.他们起诉了他们。
11 corporate 7olzl     
adj.共同的,全体的;公司的,企业的
参考例句:
  • This is our corporate responsibility.这是我们共同的责任。
  • His corporate's life will be as short as a rabbit's tail.他的公司的寿命是兔子尾巴长不了。
12 alteration rxPzO     
n.变更,改变;蚀变
参考例句:
  • The shirt needs alteration.这件衬衣需要改一改。
  • He easily perceived there was an alteration in my countenance.他立刻看出我的脸色和往常有些不同。
13 baker wyTz62     
n.面包师
参考例句:
  • The baker bakes his bread in the bakery.面包师在面包房内烤面包。
  • The baker frosted the cake with a mixture of sugar and whites of eggs.面包师在蛋糕上撒了一层白糖和蛋清的混合料。
14 omission mjcyS     
n.省略,删节;遗漏或省略的事物,冗长
参考例句:
  • The omission of the girls was unfair.把女孩排除在外是不公平的。
  • The omission of this chapter from the third edition was a gross oversight.第三版漏印这一章是个大疏忽。
15 taunt nIJzj     
n.辱骂,嘲弄;v.嘲弄
参考例句:
  • He became a taunt to his neighbours.他成了邻居们嘲讽的对象。
  • Why do the other children taunt him with having red hair?为什么别的小孩子讥笑他有红头发?
TAG标签:
发表评论
请自觉遵守互联网相关的政策法规,严禁发布色情、暴力、反动的言论。
评价:
表情:
验证码:点击我更换图片