Allegation - Law Dictionary Search Results
Home Dictionary Name: allegation Page: 3 Page 3 of about 309 results (0.002 seconds)libel
libel [Anglo-French, from Latin libellus, diminutive of liber book] 1 : complaint used esp. in admiralty and divorce cases 2 a : a defamatory statement or representation esp. in the form of written or printed words ;specif : a false published statement that injures an individual's reputation (as in business) or otherwise exposes him or her to public contempt b : the publication of such a libel c : the crime or tort of publishing a libel see also single publication rule New York Times Co. v. Sullivan in the Important Cases section compare defamation, slander NOTE: Although libel is defined under state case law or statute, the U.S. Supreme Court has enumerated some First Amendment protections that apply to matters of public concern. In New York Times Co. v. Sullivan, the Court held that in order to recover damages a public person (as a celebrity or politician) who alleges libel (as by a newspaper) has to prove that “the statement was made with ‘actual malice’ &...
allegata
allegata [New Latin, plural of allegatum, from Medieval Latin allegare to allege, from Latin, to dispatch, adduce in support] : facts alleged or allegations made in a pleading compare probata ...
Modesty
Modesty, as 'womanly propriety of behaviour; scrupulous chastity of thought, speech and conduct; reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions, Oxford English Dictionary (1993 Edn.); Raju Pandurang Mahale v. State of Maharashtra, (2004) 4 SCC 371.Modesty, as freedom from coarseness, indelicacy or indecency; a regard for propriety in dress, speech or conduct, (Webster's Third New International Dictionary); Raju Pandurang Mahale v. State of Maharashtra, (2004) 4 SCC 371.Modesty, can be described as the quality of being modest; and in relation to a woman , 'womanly propriety to behaviour; scrupulous chastity of thought, speech and conduct.' It is the reserve or sense of shame proceeding from instinctive aversion to impure or coarse suggestions, Aman Kumar v. State of Haryana, (2004) 4 SCC 379 (389). (Indian Penal Code, s. 354)--the essential ingredients of the offence unders. 354, IPC are as under:(i) that the person assaulted must be a wom...
Confession
Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of an incriminating fact, howsoever grave, is not byitself a confession. A statement which contains an exculpatory assertion of some fact, which if true, would negative the offence alleged cannot amount to a confession, Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302: AIR 1976 SC 1167 (1171): (1967) 3 SCR 672. [Evidence Act (1 of 1987), s. 24]'Confession' in common acceptation means and implies acknowledgment of guilt--its evidentiary value and its acceptability however shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is in fact voluntary and...
Explanation
Explanation, an 'explanation' merely widens the scope of the main s. and is not meant to carve out a particular exception to the contents of the main s., Sonia Bhatia v. State of Uttar Pradesh, AIR 1981 SC 1274 (1282).In British Parliament a member is allowed to make personal explanation with the prior permission of the speaker in respect of his conduct or alleged misrepresentation in debate. The member has to intimate speaker what he proposes to say by way of personal explanation. General arguments or debate is not permissible. Personal explanation is allowed on the premise that member makes it in goodfaith, abuse of this right by a member constitutes grave contempt of Parliament, the office of the Speaker in the Parliaments of Common-wealth Wilding and Philip Laundy, p. 560.Is a mutual defining of terms to clear up a misunderstanding or settle a dispute, Webster American Dictionary, p. 408.In a Parliament, a statement made by a member explaining his conduct in regard to a particular ...
decree
decree [Old French decré, from Latin decretum, from neuter of decretus, past participle of decernere to decide] 1 : an order having the force of law [by judicial ] 2 : a judicial decision esp. in an equity or probate court ;broadly : judgment [divorce ] [interlocutory ] consent decree : a decree entered by a court that is determined by the parties' agreement : a settlement between the parties that is subject to judicial approval and supervision ;specif : such a decree by which the accused agrees to cease alleged illegal activities without admitting guilt decree nisi pl: decrees nisi : a provisional decree that will become final unless cause is shown why it should not NOTE: Some states grant divorces using decrees nisi. The decree nisi creates a time period (as of 3 months) allowing for possible reconciliation or for completion of various arrangements (as custody). decree pro con·fes·so : a decree entered by a court based on a defendant's default and the pres...
filiation
filiation [Late Latin filiatio relationship of a son and father, from Latin filius son] 1 : a legal relationship of a parent and esp. a father and child that creates rights and obligations [used to help prove in a paternity suit "LeBlanc v. LeBlanc, 427 So. 2d 1361 (1986)"] see also legitimate filiation compare acknowledgment, paternity NOTE: The Louisiana Supreme Court has held that children not entitled to legitimate filiation to the alleged parent, or not legitimated or formally acknowledged by the alleged parent, may establish filiation in a filiation proceeding. This has led to some instances where the legitimate children of one father have been allowed to prove filiation to another father. Such an action does not make the children illegitimate but does create a status of dual paternity. 2 : adjudication of paternity or filiation [the court has made an order of "Idaho Code"] ...
mistake
mistake 1 : an unintentional error esp. in legal procedure or form that does not indicate bad faith and that commonly warrants excuse or relief by the court [the court's power to revise a judgment because of fraud, , or irregularity] [a clerical ] 2 : an erroneous belief: as a : a state of mind that is not in accordance with the facts existing at the time a contract is made and that may be a ground for the rescission or reformation of the contract b : a misconception at the time of an offense alleged by a defendant mistake of fact 1 : a mistake regarding a fact or facts esp. that significantly affects the performance of a contract 2 : a criminal defense that attempts to eliminate culpability on the ground that the defendant operated from an unintentional misunderstanding of fact rather than from a criminal purpose mistake of law : a mistake involving the misunderstanding or incorrect application of law in regard to an act, contract, transaction, determination, or state of aff...
wrongful birth
wrongful birth : a malpractice claim brought by the parents of a child born with a birth defect against a physician or health-care provider whose alleged negligence (as in prenatal testing or diagnosis) effectively deprived the parents of the opportunity to make an informed decision whether to avoid or terminate the pregnancy ;also : the birth or injury at issue in such a claim [recognize a cause of action for wrongful birth] NOTE: Two factors behind the general recognition of the wrongful birth claim are scientific advances in prenatal diagnosis of birth defects and the legalization of abortion. Wrongful birth and wrongful life are distinct from malpractice claims alleging actual physical injury to a fetus caused by a negligently performed procedure. ...
Allegans contraria non est audiendus
Allegans contraria non est audiendus, a party is not to be heard to allege the contrary, B. L. Sreedhar v. K. M. Munireddy (2003) 2 SCC 355 (363).Jenk. Cent. 16.--(A person making contradictory allegations is not to be heard.) See Broom's Legal Maxims, and Buckland v. Johnson, (1854) 23 LJ CP 204, where it was held that a plaintiff having sued one of two joint feasors in tort could not afterwards sue the other for money had and received. See also ELECTION....
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