Article Iii Court - Law Dictionary Search Results
Home Dictionary Name: article iii courtArticle III court
Article III court : a court created in accordance with Article III of the U.S. Constitution whose judges have positions for life and cannot have their salaries reduced compare legislative court NOTE: The purpose of the salary and position guarantees enjoyed by the judges of Article III courts is to ensure that their decisions are not influenced by fear of losing their positions or salaries. ...
legislative court
legislative court : a court (as the United States Tax Court and the territorial courts) created by Congress under Article I of the U.S. Constitution whose judges are subject to removal from office and salary reduction called also Article I court compare article iii court ...
constitutional court
constitutional court : a court established by a constitution ;esp : the federal courts established by Article III of the U.S. Constitution compare legislative court ...
maritime law
maritime law : law that relates to commerce and navigation on the high seas and other navigable waters and that is administered by the admiralty courts NOTE: Article III of the U.S. Constitution confers the power to hear cases of maritime law on the federal courts. ...
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...
federal court
federal court : a court established by the federal government and having jurisdiction over questions of federal law see also Judicial System and article i and article iii of the Constitution in the back matter ...
Admiralty
Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the 'Lord High Admiral,' but in practice the functions of the Office are discharged by several Commissioners, of whom one is the Chief, and is called the First Lord. He is a member of the Cabinet and is assisted by four Sea Lords, now always selected from Officers of the Service, two Civil Lords and a Secretary.Means a court that exercises jurisdiction over all maritime contracts, torts, injuries or offences. The federal courts are so-called when exercising their admiralty jurisdiction, which is conferred by U.S. Constitution (Article III 2, Cl. 1), Black Law Dictionary, 7th Edn., p. 47.The Probate, Divorce, and Admiralty Division of the High Court of Justice was, as far as relates to Admiralty, formerly called the High Court of Admiralty, and was held before the Judge of the Admiralty, who formerly sat as deputy of the Lord High Admiral of England until that office was ...
controversy
controversy pl: -sies 1 : a state of dispute or disagreement [suits at common law, where the value in shall exceed twenty dollars "U.S. Constitution amend. VII"] 2 : a civil action involving a real and immediate dispute between parties with adverse interests NOTE: Article III of the U.S. Constitution gives the judiciary the power to decide cases and controversies. Article III's limitation of the judicial power to cases or controversies requires that an action brought in the federal court involve parties with standing to sue and questions that are ripe and not moot. con·tro·ver·sial [kÄ n-trə-vər-shəl, -vər-sē-əl] adj ...
Offence
Offence, crime; act of wickedness. It is used as a genus, comprehending every crime and misde-meanour, or as a species, signifying a crime not indictable, but punishable summarily, or by the forfeiture of a penalty.There are certain acts which are heinous sins and odious in the public eye and are punishable in the Ecclesiastical Courts, but not being punishable at Common Law, and the proceedings in the Ecclesiastical Courts being held to be prosalute anim' and not to entail any temporal injury, they cannot be classed with ordinary Common Law and statutory offences; and it is no slander to impute them unless special damage follows.Other offences are divided into three classes, viz.:-(1) Treasons; (2) Felonies; and (3) Misdemeanours. See several titles.Consult Russell on Crimes; Archbolds' or Roscoe's Criminal Evidence.It means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under s. 20 of the Cat...
Certify
Certify, The word 'certify' in the Article 134 (1) (C) of the Constitution of India has a clear meaning. It requires that when giving the leave to appeal, the High Court must first determine the issue of law which in its opinion is needed to be settled by the Supreme Court and such question must be clearly set out in its order. It is well-established that mere grant of certificate by the High Court does not prevent this Court from determining whether it was rightly granted and whether the conditions prerequisite for the grant of certificates are satisfied, T.B. Thakore v. State of Maharashtra, (1969) 3 SCC 369 (371). [Constitution of India, Art. 134 (1) (c)]The word 'certify' used in clause (c) of article 133(1) suggests that the High Court is expected to apply its mind before certifying the case to be fit for appeal. The mere grant of a certificate would, however, not preclude this Court from determining whether the conditions pre-requisite for the grant are satisfied. It is, therefor...
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