Bar Trial At - Law Dictionary Search Results
Home Dictionary Name: bar trial atBar, trial at
Bar, trial at, the trial of a cause or prisoner before the Court itself instead of at Nisi Prius. It is confined to cases of great importance, and it is entirely discretionary with the court to grant it, unless the Crown be interested (see as to this, Dixon v. Farrar, Sec. of Board of Trade, (1886) 18 QBD 43), when the Attorney-General may demand it as of right. The procedure for obtaining it is regulated by Rules 150-155 of the Crown Office Rules of 1906.A celebrated trial at bar--of one Arthur Orton for perjury, in swearing that he was Sir Roger Tichborne--took place in 1873 before Cockburn, L.C. J., and Lush and Mellor, JJ. Others since that date are the action by the Attorney-General against Mr. Bradlaugh for penalties under the Parliament Oaths Act, A.G. v. Bradlaugh, (1885) 14 QBD 667; the trial of Dr. Jameson and many others, Reg. v. Jameson, 1896 (2) QB 425, for making an incursion into the Transvaal in contravention of the (English) Foreign Enlistment Act, 1870 (see that title...
Trial at Bar
Trial at Bar. See BAR....
Decem tales
Decem tales (ten such). If, when a trial at bar (see BAR, TRIAL AT) is called on, a sufficient number of jurors do not attend, the trial must be adjourned, and a decem or octo tales, according to the number deficient, awarded, as at Common Law; for the County Juries Act, 1825 (6 Geo. 4, c. 50), s. 37, which allows the tales de circumstantibus, is expressly confined to trials at Nisi Prius and the assizes, 1 Chit. Arch. Pract....
Barrister, or Barrastor
Barrister, or Barrastor, a counsellor or advocate learned in the law, admitted to plead at the bar, and there to take upon himself the protection and defence of clients. He is termed jurisconsultus and licentiatus in jure. As to the mode and qualification for obtaining the degree of a barrister, see INNS OF COURT; and consult Marchant on Barristers; Warren's Law Studies; Forsyth's Hortenisus; and Chitty on Contracts; also Mew's Digest, tit. 'Barrister.'It shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland. [General Clauses Act, 1897 (10 of 1897), S. 3 (4)]Fees.--A barrister can maintain no action for his fees, which are given not as a salary or hire, but as a mere honorarium or gratuity, and even an express promise by a client to pay money to counsel for his advocacy is not binding, see Re Le Brasseur & Oakley, (1896) 2 Ch 487; Kennedy v. Broun, (1863) 13 CBN S 677, where the whole law on the subject of counsel's fees is elaborately discus...
Culprit
Culprit. The prisoner at the Bar awaiting his trial after a plea of not guilty. 'Its first recorded use is in the trial of the Earl of Pembroke for murder in 1678. Its original force was formerly to join issue with the defendant's plea of Not guilty and to demand trial and judgment.'-Oxf. Dict., art. 'Culprit,' where see discussion of the disputed derivations of the word. It is thus derived by Donaldson. The clerk asks the prisoner, 'Are you guilty or not guilty ?' Prisoner, 'Not guilty.' Clerk, 'Qu'il paroit [may it prove so]; how will you be tried ?' Prisoner, 'By God and my country.' These words, being hurried over, came to sound, 'Culprit, how will you be tried ?' Blackstone's derivation is entirely different; see 4 Bl. Com. 339....
Barrister
Counselor at law a counsel admitted to plead at the bar and undertake the public trial of causes as distinguished from an attorney or solicitor See Attorney...
Bar, plea in
Bar, plea in, a pleading showing some ground for barring or defeating an action at Common Law. A plea in bar was therefore distinguished from all pleas of the dilatory class, as impugning the right of action altogether, instead of merely tending to divert the proceedings to another jurisdiction, or suspend them, or abate the particular writ or declaration. It was, in short, a substantial and conclusive answer to the action. It followed from this property, that, in general, it must either deny all, or some essential part of, the averments of fact in the declaration, or, admitting them to be true, allege new facts which obviated or repelled their legal effect. In the first case the defendant was said, in the language of pleading, to traverse the matter of the declaration; in the latter, to confess and avoid it. Pleas in bar were consequently divided into (1) pleas by way of traverse, and (2) pleas by confession and avoidance.In Equity, a plea in bar was a defence resorted to when there w...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
estoppel
estoppel [probably from Middle French estoupail plug, stopper, from estouper to stop up see estop ] 1 : a bar to the use of contradictory words or acts in asserting a claim or right against another ;esp : equitable estoppel in this entry compare waiver equitable estoppel : an estoppel that prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions when allowing the new position to be adopted would unfairly harm another person who has relied on the previous position to his or her loss called also estoppel in pais NOTE: Traditionally equitable estoppel required that the original position was a misrepresentation which was being denied in the new position. Some jurisdictions retain the requirement of misrepresentation. estoppel by deed : an estoppel precluding a person from denying the truth of any matter that he or she asserted in a deed esp. regarding his or her title to the property compare after-acquired title a...
Recovery
Recovery, the obtaining a thing by judgment or trial.The regaining or restoration of something lost or taken away, Black's Law Dictionary, 7th Edn., p. 1280.A true recovery is an actual or real recovery of anything, or the value thereof, by judgment; as if a man sue for any land or other thing movable or immovable, and gain a verdict or judgment.A feigned recovery. An abolished common assurance by matter of record, in fraud of the statute De Donis, whereby a tenant-in-tail in possession enlarged his estate-tail into a fee-simple and so barred the entail, and all remainders and reversions expectant there-on, with all conditions and collateral limitations annexed to them, and subsequent charges sub-ordinate to the entail. But incumbrances on the estate-tail equally affected such fee-simple, and any estate or interest prior to the entail remained undisturbed.This assurance consisted of two parts: (1) The recovery itself, which was a fictitious rea action in the Court of Common Pleas, carr...
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