Case Decided - Law Dictionary Search Results
Costs
their fees, etc. Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being … costs might be rebutted by the particular circumstances of the case, and it was for the court to decide whether those circumstances were or were not sufficient to rebut the claim. See Morgan and Wurtzburg on Costs;
Ratio decidendi
is not every thing said by a Judge constitutes a precedent. The principle upon which the case is decided is alone binding on the party so the analysis of a decision and isolate from it the ratio … Ratio decidendi, is the rule deducible from the application of law of the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar.
Arbitration
determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them. Means a method of dispute resolution involving … of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them. Means a method of dispute resolution involving one or more neutral third parties who are usually
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Preliminary point
is sufficient to dispose off the whole suit without the necessity of deciding other points involved in the case. It may be one of facts of law. It would include a point which relates to cause of … a point, the decision of which is sufficient to dispose off the whole suit without the necessity of deciding other points involved in the case. It may be one of facts of law. It would include a
opinion
by a court or judge of the reasons and principles of law upon which the decision in a case is based compare holding, judgment, ruling advisory opinion : a nonbinding opinion or evaluation of a court or … esp. by administrative agencies and by some state courts. Federal courts are constrained by the U.S. Constitution to deciding only cases or controversies and cannot issue advisory opinions. concurring opinion : an opinion by a judge who
Character and antecedents
Character and antecedents, facts which become known to justices when they inquire into the circumstances of a case before deciding to proceed summarily may not be taken into consideration when they come to decide whether to … and antecedents, facts which become known to justices when they inquire into the circumstances of a case before deciding to proceed summarily may not be taken into consideration when they come to decide whether to commit for
judge
vt 1 : to hear and decide (as a litigated question) in a court of justice [ a case] 2 : to pronounce after inquiry and deliberation [he was judged incompetent] vi : to make a determination … judg·ing [Old French jugier, from Latin judicare, from judic- judex judge, from jus right, law + dicere to decide, say] vt 1 : to hear and decide (as a litigated question) in a court of justice [
Judgment decree or final order
means a final judgment and not an interlocutory judgment, and by which right to the relief claimed is decided with regard to all matters in issue, and (2) an order is final if it finally disposes of … if it does not, it is not final even though it may decide a vital issue in the case, Sardar Kapur Singh v. Union of India, AIR 1957 Punj 173. CPC, 1908, Order 20, Rules 1, 6A.
Case stated
the pleadings or otherwise that there is a question of law which it would be convenient to have decided in that manner, they or he may order a special case to be stated. See Special Case. As … Case stated, a narrative (agreed upon by both parties to an action, or drawn up by an impartial person
law of the case
law of the case :a doctrine in legal procedure: an issue esp. of law that has been decided (as by an appeals
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