Absolute Bar Rule - Law Dictionary Search Results
Home Dictionary Name: absolute bar ruleAbsolute-bar rule
Absolute-bar rule, means the principle that, when a creditor sells collateral without giving reasonable notice to the debtor, the creditor may not obtain a deficiency judgment for any amount of the debt that is not satisfied by the sale, Black Law Dictionary, 7th Edn., p. 7....
absolute priority rule
absolute priority rule : a rule that provides for the satisfaction in full of claims of senior creditors before any payments can be made to junior creditors under a chapter 11 bankruptcy plan ...
Absolute-priority rule
Absolute-priority rule, is a rule that a confirmable reorganization plan must provide for full payment to a class of dissenting unsecured creditor before a junior class of claimants will be allowed to receive or retain anything under the plan, Black Law Dictionary, 7th Edn., p. 7....
Side-bar Rules
Side-bar Rules. See RULES....
plea
plea [Anglo-French plei plai legal action, trial, from Old French plait plaid, from Medieval Latin placitum, from Latin, decision, decree, from neuter of placitus, past participle of placēre to please, be decided] 1 a : an allegation of fact in civil litigation made in response to a claim compare demurrer b : a defendant's answer to a plaintiff's claim in civil litigation NOTE: Under the Federal Rules of Civil Procedure, and in states where they have been adopted, civil pleas are abolished, and answers and motions are used instead. Such pleas were used at common law. dil·a·to·ry plea [di-lə-tōr-ē-] : a common-law plea which is intended to defeat the pending action or proceeding without involving any decision on the merits of the case plea in abatement : a plea entered by a party seeking postponement or dismissal of an action by setting forth some matter or defect regarding procedure, jurisdiction, or timing called also plea of abatement plea ...
Rules of Court
Rules of Court, orders regulating the practice of the Courts; or orders made between parties to an action or suit.(1) General rules regulating the practice of the Courts, both of Common Law and Equity, have from time to time been made by the Courts in pursuance of the powers of various Acts of Parliament. See as to the Common Law Courts, which promulgated consecutive Rules without any division into Orders, Day's Common Law Procedure Acts; and as to the Court of Chancery, which promulgated Orders subdivided into Rules, Morgan's Chancery Acts and Orders. The scheme of the Chancery Procedure Acts was that the Orders made thereunder should come into force as soon as made, subject to the power of Parliament to annul them afterwards (see, e.g., Chancery Procedure Act, 1858, s. 12), while that of the Common Law Procedure Acts, was that Rules made thereunder should not come into force until they had lain before Parliament for three months (see 13 & 14 Vict. c. 16, and Common Law Procedure Act,...
Decree nisi
Decree nisi. By the (English) Judicature Act,1925, s. 183(1) every decree for a divorce or for nullity of marriage shall, in the first instance, be a decree nisi not to be made absolute until after the expiration of six months from the pronouncing thereof, unless the Court by general or special order from time to time fixes a shorter time.(2) After the pronouncing of the decree nisi and before the decree is made absolute, any person may, in the prescribed manner, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material not having been brought before the Court, and in any such case the Court may make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the Court thinks fit. Only in special circumstances will the period be shortened. See Osburne v. Osburne, (1926) 70 Sol Jo 388. See Browne on Divorce; Chitty's Statutes, tit. 'Matrimonial Causes.'...
Absolute
Absolute, means free from restriction, qualification or condition e.g. absolute ownership; conclusive and not liable to revision e.g. absolute delivery, Black Law Dictionary, 7th Edn., p. 7.Absolute, complete, unconditional. A rule or order absolute is a completed judgment of a court, and is so called in contradistinction to a rule or order nisi which is made on the application of one party only without notice to the other (ex parte), to be made absolute unless the other party succeed in showing cause why it should not be made absolute (discharged); but see also DECREE NISI....
Bar, trial at
Bar, trial at, the trial of a cause or prisoner before the Court itself instead of at Nisi Prius. It is confined to cases of great importance, and it is entirely discretionary with the court to grant it, unless the Crown be interested (see as to this, Dixon v. Farrar, Sec. of Board of Trade, (1886) 18 QBD 43), when the Attorney-General may demand it as of right. The procedure for obtaining it is regulated by Rules 150-155 of the Crown Office Rules of 1906.A celebrated trial at bar--of one Arthur Orton for perjury, in swearing that he was Sir Roger Tichborne--took place in 1873 before Cockburn, L.C. J., and Lush and Mellor, JJ. Others since that date are the action by the Attorney-General against Mr. Bradlaugh for penalties under the Parliament Oaths Act, A.G. v. Bradlaugh, (1885) 14 QBD 667; the trial of Dr. Jameson and many others, Reg. v. Jameson, 1896 (2) QB 425, for making an incursion into the Transvaal in contravention of the (English) Foreign Enlistment Act, 1870 (see that title...
Rule of procedure
Rule of procedure, each House has the absolute right of interpreting its rules; courts have no power to interfere in the matter of the application of these relating to the internal management of the House, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 122.Rule of procedure, rule making power of British Parliament is absolute, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, Art. 118(1)....
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