Adverse Authority - Law Dictionary Search Results
Home Dictionary Name: adverse authorityAdverse authority
Adverse authority, means authority that is un-favourable to an advocate's position, most ethical codes require counsel to disclose adverse authority in the controlling jurisdiction even if the opposing counsel has not cited it, Black Law Dictionary, 7th Edn., p. 128....
Adverse possession
Adverse possession is that form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued, and does away with the doctrine of adverse possession, except in the cases provided for by s. 15. See Nepean v. Doe, (1837) 2 M. & W. 910.Possession is not held to be adverse if it can be referred to a lawful title, Doe v. Bightwen, 10 East 583; Wall v. Stanwick, 34 Ch D 763. Non-adverse possession is of two kinds. The title of the dispossessed may not be paramount, as in the case of a leasehold term when dispossession of the lessee is not necessarily inconsistent with the reversioner's rights, and secondly, the person setting up disposse...
Adverse party
Adverse party, the term 'adverse party' connotes that party which has a right and opportunity to cross-examine in the first proceeding. This proviso, therefore, obviously protects the rights of the adverse party in the first proceeding and not the party who produced the witness. The party against whom the witness is produced in the previous proceeding is the adverse party and not the person who produced the witness and had the advantage of having examined the witness, V.M. Mathew v. V.S. Sharma, (1995) 6 SCC 122 (125). [Evidence Act, 1872, s. 33, second proviso]...
Adverse title
Adverse title, means a title acquired by adverse possession, Black Law Dictionary, 7th Edn., p. 1493.Means an exclusive title acquired by adverse possession, Black Law Dictionary, 7th Edn., p. 1493....
adverse
adverse : opposed to one's interests : operating to one's detriment [an verdict] ...
adverse party
adverse party see party ...
adverse possession
adverse possession see possession ...
adverse witness
adverse witness see witness ...
Adverse dominion
Adverse dominion, means doctrine that tolls the limitation period for claims against wrongdoing directors and officers of a corporation while they are in control of the corporation. The purpose of this doctrine is to prevent a director or officer from successfully hiding wrongful or fraudulent conduct during the limitations period, FDIC v. Shrader & York, 91 F. 2d 216, 227 (5th Cir. 1993)....
jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial