Appearance Doctrine - Law Dictionary Search Results
Home Dictionary Name: appearance doctrineAppearance doctrine
Appearance doctrine, in the law of self-defence, the rule that a defendant's use of force is justified if the defendant reasonably believed it to be justified, Black Law Dictionary, 7th Edn., p. 95....
Appearance
Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...
D'Oench doctrine
D'Oench doctrine [from D'Oench, Duhme & Co., Inc. v. Federal Deposit Insurance Company, 315 U.S. 447 (1942), the Supreme Court case establishing the doctrine] : a doctrine in banking law: a party (as a borrower or guarantor) cannot assert an unrecorded agreement with a failed bank against attempts by the federal insurer (as the Federal Deposit Insurance Corporation) or its assigns to collect on a promissory note (as a loan) called also D'Oench Duhme doctrine ...
exculpatory no doctrine
exculpatory no doctrine : a doctrine in federal criminal law: an individual cannot be charged with making a false statement if the statement is a false denial of guilt made in response to a federal investigator's question NOTE: This doctrine is based on the Fifth Amendment protection against self-incrimination, and is often used as a defense to a charge of knowingly making a false statement. The doctrine is recognized in most federal Courts of Appeals. ...
family purpose doctrine
family purpose doctrine : a doctrine in tort law: the owner of a car is vicariously liable for damages incurred by a family member while using the car with the owner's permission called also family car doctrine NOTE: This doctrine is recognized only in some jurisdictions and has been rejected in most. ...
Spielberg Doctrine
Spielberg Doctrine [after the Spielberg Manufacturing Company, subject of an unfair labor practice complaint that prompted the formation of the doctrine] : a doctrine in labor law: the National Labor Relations Board will defer to an arbitrator's decision regarding a contract dispute if the arbitrator's decision was not repugnant to the National Labor Relations Act, the arbitration proceedings provided a hearing as fair as would have been provided before the NLRB, and the contract required binding arbitration compare collyer doctrine ...
Collyer Doctrine
Collyer Doctrine [from Collyer Insulated Wire, 192 N.L.R.B. 837 (1971), the ruling that resulted in it] : a doctrine in labor law under which the National Labor Relations Board will defer an issue brought before it to arbitration if the issue can be resolved under the collective bargaining agreement in arbitration compare spielberg doctrine ...
Erie doctrine
Erie doctrine [from the Supreme Court case Erie Railroad Co. v. Tompkins, which resulted in definition of the doctrine] : a doctrine that a federal court exercising diversity jurisdiction over a case for which no federal law is relevant must apply the law of the state in which it is sitting called also Erie Rule see also Erie Railroad Co. v. Tompkins in the Important Cases section ...
Feres doctrine
Feres doctrine [from Feres v. United States, 340 U.S. 135 (1950), the case which established the doctrine] : a doctrine in tort law: a member of the military is barred from recovering damages from the government under the Federal Tort Claims Act for injuries sustained in the course of activity incident to his or her military service called also Feres rule ...
Noerr-Pennington doctrine
Noerr-Pennington doctrine [after Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 (1961), and United Mine Workers v. Pennington, 381 U.S. 657 (1965), U.S. Supreme Court cases that established the doctrine] : a doctrine based on the First Amendment right of petition that exempts from antitrust liability the joint efforts of businesses to petition or influence government bodies provided that such activities are not sham ...
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