Certified Question - Law Dictionary Search Results
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question
question 1 : a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question [hī-pə-the-ti-kəl] : a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and the answer to which is an opinion to be considered in light of the evidence NOTE: Modern rules of evidence have lessened the need for a hypothetical question setting forth all of the facts to be assumed in answering the question. An expert witness may state an opinion based on data or facts considered reliable in his or her field even if not already disclosed or not admissible as evidence. leading question : a question so framed or presented as to suggest a particular answer [leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony "Federal Rules of Evidence Rule 611(c)"] NOTE: Leading questions are permitted in direct examination of ...
Certifies
Certifies, the word 'certifies' is a strong word. It indicates that the High Court must bring its mind to bear on the question and as in all cases of judicial orders and certificates, the reasons for the order must be apparent on the face of the order itself. The Supreme Court must be in a position to know first that the High Court had applied its mind to the matter and not acted mechanically and, secondly, exactly what the High Court's difficulty is and exactly what question of outstanding difficulty or importance the High Court feels the Supreme Court ought to settle, Baladin v. State of Uttar Pradesh, AIR 1956 SC 181 (188). [Constitution of India, Art. 134(1)(c)]The word 'certifies' in sub-article (1)(c) is a strong word which requires the High Court to look closely into the case to see if any special consideration arise. If a case does not involve any question of law, then however difficult the question of fact may be, that would not justify the grant of a certificate under Article...
Appeal
Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...
deposition
deposition [Late Latin depositio testimony, from Latin, act of depositing, from deponere to put down, deposit] 1 a : a statement that is made under oath by a party or witness (as an expert) in response to oral examination or written questions and that is recorded by an authorized officer (as a court reporter) ;broadly : affidavit b : the certified document recording such a statement compare interrogatory 2 : the hearing at which a deposition is made [order that the testimony at a be recorded by other than stenographic means "Federal Rules of Civil Procedure Rule 38(b)"] NOTE: A deposition can be used as a method of discovery, to preserve the testimony of a witness who is likely to become unavailable for trial, or for impeachment of testimony at trial. Depositions are distinguished from affidavits by the requirement that notice and an opportunity to cross-examine the deponent must be given to the other party. ...
Constat
Constat, a certificate which the Clerk of the Pipe and auditors of the Exchequer made, at the request of any person who intended to plead or move in that Court, for the discharge of anything. The effect of it was the certifying what appears (constat) upon record touching the matter in question. It was held to be superior to an ordinary certificate, because it did not contain anything but what appears on record. An exemplification of the enrolment of letters-patent under the Great Seal in called a constat, Co. Litt. 225; Page's case, 5 Rep. 52....
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...
certify
certify -fied -fy·ing [Medieval Latin certificare, from Late Latin, to assure, convince, from Latin certus certain + -ficare to make] 1 : to state authoritatively: as a : to give assurance of the validity of [ corporate records] b : to present in formal communication (as an order) esp. for review by an appellate court [the court may the question to the Supreme Judicial Court "R. T. Gerwatowski"] see also certification c : to state as being true or as reported or as meeting a standard [refused to the suit as a class action and dismissed it "Marcia Coyle"] 2 : to guarantee (a personal check) as to signature and amount by so indicating (as by stamping certified) on the face see also certified check at check 3 a : certificate license b : to designate (a labor union) as an exclusive bargaining agent or representative ...
Mediators of questions
Mediators of questions, six persons authorised by statute, who, upon any question arising among merchants, relating to unmerchantable wool, or undue packing, etc., might, before the mayor and officers of the staple, upon their oath, certify and settle the same; to whose determination therein the parties concerned were to submit, 27 Edw. 3, st. 2, c. 24....
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
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