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Acquit - Law Dictionary Search Results

Home Dictionary Name: acquit Page: 3

convict

convict [Latin convictus past participle of convincere to find guilty, prove, from com- with, together + vincer to conquer] : to find guilty of a criminal offense [was ed of fraud] compare acquit [kÄ n-vikt] n : a person convicted of and serving a sentence for a crime ...


Merger

Merger [fr. mergo, Lat., to sink], an annihilation, by act of law, of a particular in an expectant estate consequent upon their union in the same person without an intervening estate in another person--thus accelerating into possession the expectant which swallows up the particular estate. It is the drowning of one estate in another, and differs from suspension, which is but a partial extinguishment for a time; while extinguishment, properly so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a merger, the two estates which are supposed to coalesce must be vested in the same person at the same time and in the same right' [Re Radcliffe, (1892) 1 Ch 231, per Lindley, LJ]. An estate tail, however is an exception to the rule; for a man may have in his own right both an estate tail and a reversion in fee; and the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177.The doctrine of merger pr...


Judgment of acquittal

Judgment of acquittal, means a judgment, rendered on the defendant's motion or court's own motion, that acquits the defendant of the offense charged when the evidence is insufficient, Black's Law Dictionary, 7th Edn., p. 847....


Magna Carta

Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...


Medio acquietando

Medio acquietando, a judicial writ to distrain a lord for the acquitting of a mesne lord from a rent, which he had acknowledged in court not to belong to him, Reg. Jur. 129....


Quietus

Quietus, freed or acquitted; discharged of all further liability; see, e.g., Ex parte Pullman, (1890) 45 Ch D 466. A word made use of in the Exchequer in the discharge given to accountants to the Crown, e.g., a sheriff. As to the registration of a quietus, see 2 Vict. c. 11, s. 9; Obs. in England. As to entry of an acknowledgment by satisfaction or discharge of a writ or order registered at the Land Registry. [see Land Charges Act, 1925, s. 6 (6)]...


Nemo debet bis vexari, si constat curi' quod sit pro una et eadem causa

Nemo debet bis vexari, si constat curi' quod sit pro una et eadem causa. 5 Co. 61, (No man ought to be twice put to trouble, if it appear to the Court that it is for one and the same cause.) In civil actions the general rule is, that the judgment of a Court of concurrent jurisdiction directly upon the point, is, as a plea, a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another Court. the exception to this rule is in the action of ejectment, 2 Selw. N.P. 763.It is also well established in the criminal law, that when a man is indicted for an offence, and acquitted, he cannot afterwards be indicted for the same offence, provided the first indictment were such that he could have been lawfully convicted upon it by proof of the facts contained in the second indictment, Arch. Cr. Plead. For a recent instance of the application of the maxim, see Rex. v. Simpson, (1914) 1 KB 66. See AUTREFOIS CONVICT.But an abortive trial without a verdic...


Niskar Bhogdakhal Sutra

Niskar Bhogdakhal Sutra, means that the tenant is not actually paying rent to anybody. It does not mean that the tenant had acquitted rent-free title by possession and enjoyment, Kamla Ranjan Roy v. Ifram Sheik, 1948 Cal 14 relied on; Chakravarti, C.J. and Lahiri, J. in Moslema Khatun v. Fanindra Lal Sen, 93 CLJ 128: 1954 Cal 558....


Paribus sententiis reus absolvitur

Paribus sententiis reus absolvitur [Lat.], where opinions are equal, a defendant is acquitted....


Transubstantiation

Transubstantiation, 'the change of the substance of the Bread and Wine in the Supper of our Lord' (Art. 28 of the Thirtynine Articles of Religion); 'a conversion of the whole substance of the Bread into the Body and of the whole substance of the Wine into the Blood, which conversion the Catholic Church calls Transubstantiation.'-Creed of Pope Pius IV., founded on Ch. iv., sess. xiii., of the Council of Trent.Declaration against Transubstantiation.-A Declaration (commonly called the 'Declaration against Transubstantiation') was required of all members of either House of Parliament in 1678, by 30 Car. 2, st. 2, c. 1, with the effect of disabling Roman Catholics from sitting in either House till the passing of the Roman Catholic Relief Act of 1829 (10 Geo. 4, c. 7).Declaration by each new Sovereign.-Both the Bill of Rights (1 W. & M. sess. 2, c. 2), and the Act of Settlement (12 & 13 Wm. 3, c. 2), by an incorporation, by reference only, of 30 Car. 2, st. 2, c. 1 (of which 'so much as is u...



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