Benches Test - Law Dictionary Search Results
Home Dictionary Name: benches testTested
Tested, to bear the teste. A writ is issued in the name of the sovereign, and the Lord Chancellor is supposed to witness it. All writs are, by R.S.C. 1883, Ord. II., r. 8, tested in the name of the Lord Chancellor. They were before the Judicature Acts tested in the name of the Lord Chancellor if issuing from the Court of Chancery, or of the Lord Chief Justice if issuing from the Queen's Bench, etc....
Bench
Bench [fr. bance, A. S.], or Banc [Fr.], a tribunal of justice.(1) The judge or the aggregate body of the judges of any given Court; (2) the bishops; (3) the benchers of an Inn of Court. see KING'S BENCH.Means a Bench of a Tribunal. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3 (e)]The court considered in the official capacity; Black's Law Dictionary, 7th Edn.Bench, is a place where a judge sits in Court, Webster's Dictionary of Law, Indian Edn. (2005), p. 47.Means the raised area occupied by the judge in a courtroom, Black Law Dictionary, 7th Edn., p. 148.Means a Bench of the Appellate Board. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (d)]Means a Bench of the Appellate Board. [Semiconductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000), s. 2 (c)]Means a Bench of the Tribunal. [National Environment Tribunal Act, 1995 (27 of 1995), s. 2 (b)]The word 'bench' used in the referring order, even in its ordinary connotation, would, therefore, include a single Judge, Raj...
Queen's Bench Division
Queen's Bench Division, means the English court, formerly known as the Queen's Bench or King's Bench, that presides over tort and contract actions, applications for judicial review, and some Magistrate-court appeals, Black's Law Dictionary, 7th Edn., p. 1259.The jurisdiction of the Court of Queen's Bench was assigned, by s. 34 of the (English) Jud. Act, 1873, to the Queen's Bench Division of the High Court of Justice; and by Order in Council under s. 32 of the same Act, the Common Pleas and Exchequer Divisions were, in February 1881, merged in the same 'Queen's Bench Division,' which began to be styled, after the death of the late Queen Victoria in January, 1901, the 'King's Bench Division.' As to assignment of business to, see (English) Jud. Act, 1925, s. 56 (2)....
Free-bench
Free-bench [sedes libera, Lat.], a widow's dower out of copyholds to which she was entitled by the custom of some manors. It is regarded as an excrescence growing out of the husband's interest, and is indeed a continuance of his estate.The term free-bench is equally applicable to the estate which, by the custom of some manors, a husband takes in his wife's copyhold lands after her death, and anciently it was indiscriminately applied to that and to the widow's dower, but now the estate of the husband is called his curtesy, while the term free-bench is confined to the widow.Since free-bench is only claimable by special custom, the estate which a widow is to take, both as to its quantity, quality, and duration, must be such as the custom prescribes. It is generally a third for her life, as at Common Law, but it is sometimes a fourth part only, and sometimes but a portion of the rent. In many manors the wife takes the whole for her life, in others she takes the inheritance.Frequently the c...
King's Bench
King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...
Queen's Bench
Queen's Bench, means historically, the highest common-law court in England, presided over by the reigning monarch. The jurisdiction of this court now lies with the Queen's Bench Division of the High Court of Justice; when a king begins to reign, the name automatically changes to King's Bench. Also termed court of Queen's Bench, Black's Law Dictionary, 7th Edn., p. 1259.Queen's Bench. See KING'S BENCH....
Treasury Bench
Treasury Bench, is a name given to the Bench occupied, i.e. a front bench extending up to the gangway on the right of the Speaker, also Government Bench, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, 1956, p. 222.Treasury Bench, is the front Bench on the right hand of the Speaker is occupied by the Prime Minister and other members of Government, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 1033....
substantial capacity test
substantial capacity test : a test used in many jurisdictions when considering an insanity defense which relieves a defendant of criminal responsibility if at the time of the crime as a result of mental disease or defect the defendant lacked the capacity to appreciate the wrongfulness of his or her conduct or to conform the conduct to the requirements of the law called also ALI test Model Penal Code test compare diminished capacity, irresistible impulse test, m'naghten test NOTE: This test was first formulated in the Model Penal Code and has been adopted by many jurisdictions. ...
Common bench
Common bench [fr. banc., Sax., bench], a name of the Court of Common Pleas. Thus the 'Common Bench Reports' are the reports of the cases decided in the Court of Common Pleas. See COMMON PLEAS....
Frye test
Frye test [from United States v. Frye, 293 F. 1013 (1923), the case that established the rule] : a common-law rule of evidence: the results of scientific tests or procedures are admissible as evidence only when the tests or procedures have gained general acceptance in the particular field to which they belong called also Frye rule NOTE: In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), the Supreme Court held that the Federal Rules of Evidence supersede the Frye test, and as a result scientific evidence (as expert testimony) needs to meet only the requirements of the Federal Rules of Evidence in order to be admissible. ...
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