Challenge - Law Dictionary Search Results
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array : to set (a jury) for trial ;specif : to set (a jury) by calling out the names of the jurors one at a time compare impanel n : the group of people summoned to serve as jurors from which the jury will be chosen ;also : a list of the jurors' names see also challenge to the array at challenge compare venire ...
contest
contest : to dispute or challenge through legal procedures [ a will] [kÄ n-test] n : a challenge brought through formal or legal procedures [boundary controversies or other s between states "Felix Frankfurter"] ;specif : will contest see also no contest clause ...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Favour
Favour, challenge to. See CHALLENGE....
Elisors
Elisors, electors. In case of challenge to the sheriff and coroners for partiality, etc., the jury process was directed to two clerks of the Court, or two persons of the county named by the Court, and sworn. Then these elisors indifferently name or choose the jury, and their return is final, no challenge being allowed to the array, Co. Litt. 158 a.A person appointed by a court to assemble a jury, serve a writ perform other duties of sheriff or coroner if either is disqualified, Black's Law Dictionary, 7th Edn., p. 538....
Duel
Duel, in our ancient law, a legal combat between persons in a doubtful case for the trial of the truth, long since disused.In modern times a duel is a combat with weapons between two persons upon some quarrel precedent, wherein, if one of them is killed, the other and the seconds are guilty of murder whether the seconds fight or not, Hawk. Pl. 47.Notwithstanding that this was the undoubted law, duels were by no means unfrequent in England up to about the middle of the nineteenth century, e.g., the Duke of Wellington exchanged shots without effect with Lord Winchelsea in 1829; Lord Cardigan wounded Captain Tuckett, and was tried before, and acquitted by, the House of Lords in 1841; and Mr. Seton was killed by Lieutenant Hawkey in1845. For a full list of celebrated duels, see Haydn's Dictionary of Dates, tit. 'Duel.'It is a misdemeanour to challenge another to fight, or to provoke another to send a challenge, R. v. Phillips, (1805) 6 East 464; and fighting or promoting a duel renders an ...
Delictum
Delictum, challenge propter. See CHALLENGE.A delict, tort, wrong, injury or offence. Actions ex facie are such as are founded on a tort, as distinguished from actions on contract....
Quo jure
Quo jure, a writ which lay for him who had land wherein another challenged common of pasture, time out of mind; and it was to compel him to show by what title he challenged it, Fitz. N.B. 158....
demurrer
demurrer [Anglo-French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay] : a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action compare confession and avoidance NOTE: Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for more definite statement. In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction. demurrer to the evidence : a demurrer that asserts that the evidence is not sufficient to create a question of fact for the jury to...
Array
Array [fr. aredare, It., to get ready], to rank or set forth a jury of men impannelled upon a cause. to challenge the array of the pannel is at once to except against all persons arrayed or impannelled, in respect of partiality or some default in the sheriff, Co. Litt. 156 a. If the sheriff to be affinity to any of the parties, or if anyone or more of the jurors are returned at the nomination of either party, or for any other partiality, the array shall be quashed, See Archbold's Criminal Pleading....
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