Bias - Law Dictionary Search Results
Home Dictionary Name: biasBias
Bias [adopted from Fr. biais, oblique]. The law will not suppose a possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea, 3 Bl. Com. 361. See R. v. Cork Justices, (1910) 2 Ir. R. 271.The word 'bias' in popular English parlance stands included within the attributes and broader purview of the word 'malice', which in common acceptation mean and imply 'spite' or 'ill-will'.Mere general statements will not be sufficient for the purposes of indication of ill-will. There must be cogent evidence available on record to come to the conclusion as to whether in fact there was existing a bias which resulted in the miscarriage of justice, Kumaon Mandal Vikas Nigam Ltd. v. Girja Shankar, AIR 2001 SC 24. [Constitution of India, Arts. 226, 14]Bias may be defined as a pre-conceived opinion or a pre-disposition or pre-determination to decide a case or an issue in a particular manner, so much so that such pr...
BIA
BIA Bureau of Indian Affairs see also the Important Agencies section ...
bias
bias : a personal and often unreasoned judgment for or against one side in a dispute : prejudice [a judge disqualified because of ] ...
Bias rule
Bias rule, means no man shall be a judge in his own cause, Herring v. Templeman, (1973) All ER 569....
Fair trial
Fair trial, means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to hear material witnesses is certainly denial of fair trial. The fair trial for a criminal offence consists not only in technical observance of the frame and forms of law, but also in recognition and just application on its principles in substance, to find out the truth and prevent miscarriage of justice, Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 (187). (Constitution of India, Art. 21).A trial by an impartial and disinterested tribunal is accordance with regular procedure, Black's Law Dictionary, 7th Edn., p. 617.Mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial claim. Fair trial means a trial in which bias or prejudice for or against the accused, witnesses or th...
Challenge
Challenge [fr. Challenger, O. F., to accuse of], an exception taken either against things or jurors.In civil actions, when a full jury appear, either party may challenge them for cause, as well the talesmen as the jurors originally returned. Challenges are of two kinds: (1) to the array; (2) to the polls; and each of these is again subdivided into principal challenges, and challenges to the favour.(1) A challenge to the array is an exception to all the jurors returned by the sheriff collectively, not for any defect in them, but for some partiality or default in the sheriff or his under-officer who arrayed the panel; this is either (a) a principal challenge, as that the sheriff or other returning officer is of kindred or affinity to the plaintiff of defendant, if the affinity continue; that one or more of the jury are returned at the nomination of the plaintiff or defendant; that an action of battery is pending at the suit of the plaintiff or defendant against the sheriff, or at the sui...
Mala fides
Mala fides, bad faith; the opposite to bona fides, and opposit to good faith.Means want of good faith, personal bias, grudge, oblique or improper motive or ulterior purpose. The administrative action must be said to be done in good faith, if it is in fact done honestly, whether it is done, negligently or not. An act done honestly is deemed to have been done in good faith. An administrative authority must, therefore, act in a bona fide manner and should never act for an improper motive or ulterior purposes or contrary to the requirements of the statute, or the basis of the circumstances contemplated by law, or improperly exercised discretion to achieve some ulterior purpose. The determination of a plea of mala fide involves two questions, namely (i) whether there is a personal bias or an oblique motive; and (ii) whether the administrative action is contrary to the objects, requirements and conditions of a valid exercise of administrative power, State of Bihar v. P.P. Sharma, 1992 Supp (...
arbitrary
arbitrary 1 : depending on individual discretion (as of a judge) and not fixed by standards, rules, or law [the manner of punishment is ] 2 a : not restrained or limited in the exercise of power [an government] b : marked by or resulting from the unrestrained exercise of power [protection from arrest and detention] 3 a : based on preference, bias, prejudice, or convenience rather than on reason or fact [an standard] [different provisions for the married and the unmarried were irrational and "K. A. Cohen"] b : existing or coming about seemingly at random or by chance or as an unreasonable act of individual will without regard for facts or applicable law often used in the phrase arbitrary and capricious [an agency finding or conclusion of lack of evidence would be and capricious if the record afforded no substantial basis for such a finding "Irvin v. Hobby, 131 F. Supp. 851 (1955)"] NOTE: Under section 706 of the Administrative Procedure Act, a court shall set aside an agency's a...
automated underwriting
automated underwriting loan processing completed through a computer-based system that evaluates past credit history to determine if a loan should be approved. This system removes the possibility of personal bias against the buyer. Source: U.S. Department of Housing and Urban Development ...
disqualification
disqualification 1 : something that disqualifies or incapacitates 2 : the act of disqualifying : state of being disqualified [ of a juror for bias] ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial