Cite - Law Dictionary Search Results
Home Dictionary Name: citecite
cite cit·ed cit·ing [Latin citare to rouse, call on, summon] 1 : to demand the appearance of in court : serve with a citation [had been cited for contempt] [you are hereby cited to show cause in the Probate Court] 2 : to quote or refer to as a precedent or authority [the plaintiff s several cases for the proposition] ...
Above-cited, or mentioned
Above-cited, or mentioned, quoted before. A figurative expression taken from the ancient manner of writing books or scrolls, where whatever is mentioned or cited before in the same roll must be above....
Act of Parliament
Act of Parliament, a law made by the sovereign, with the advice and consent of the Lords spiritual and temporal, and the Commons, in Parliament assembled (1 Bl. Com. 85); but, in the case of an Act passed under the provisions of the (English) Parliament Act, 1911, a law made by the sovereign 'by and with the advice and consent of the Commons in this present Parliament assembled in accordance with the provisions of the Parliament Act, 1911, and by authority of the same'; also called a 'statute.'Means a bill passed by two Houses of Parliament and assented to by the President and in the absence of an express provision to the contrary, operative from the date of notification in the Gazette, Handbook for Members of Rajya Sabha, April, 2002.Means an action; a thing done or established; a written law formally passed by the legislative power of a State; a Bill enacted by the legislature into a law, as distinguished from a bill which is in the form of draft of a law or legislative proposal pres...
Law Reports
Law Reports. Reports of judgments of courts on points of law, published for the purpose of being used as precedents (see (REPORTS). Prior to 1865, these reports were all executed and published as mere private speculations, one reporter or pair of reporters being usually, though not always, accredited by the chief judge of each Court. For an account of these reporters and their works, see Handbook of English Law Reports, by Master Fox. In 1865 'The Incorporated Council of Law Reporting for England and Wales' began to publish monthly the reports called The Law Reports. These, though perhaps the best known, have no monopoly-for contemporaneous monthly reports are published under the name of The Law Journal, and contemporaneous weekly reports under the names of The Law Times Reports, The Solicitors' Journal and Weekly Reporter and All England Reports, and The Times Law Reports. All reports made by members of the Bar and published on their responsibility may be cited in argument. For abbrev...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
Ibid
Ibid., means in the same place. This abbreviation, used in citations (mostly outside law), denotes that the reference is to a work cited immediately before, and that the cited matter appears on the same page of the same book, Black's Law Dictionary, 7th Edn., p. 748....
Institutes of Lord Coke
Institutes of Lord Coke, four volumes by Lord Coke (more properly called Sir Edward Coke), published A.D. 1628, and very frequently edited. The first is an extensive comment upon a treatise on tenures compiled by Littleton, a judge of the Common Pleas, temp. Edward IV. This comment is a rich mine of valuable Common Law learning, collected and heaped together from the ancient reports and year-books, but greatly defective in method. It is usually cited by the name of Co. Litt., or as 1 Inst. The second volume is a comment upon Magna Charta and other old Acts of Parliament, without systematic order; the third, a more methodical treatise of the pleas of the Crown; and the fourth, an account of the several species of courts, including the High Court of Parliament and of the House of Commons as well as the House of Lords under that title. These are cited as 2, 3, or 4 Inst., without any author's name....
Verba chartarum fortius accipiuntur contra proferentem
Verba chartarum fortius accipiuntur contra proferentem. Co. Litt. 36; Bac. Max. Reg. 3; Broom's Max.-(The words of deeds are received more strongly against the grantor.) Bacon styles this 'a rule drawn out of the depth of reason'; but in 1877, Jessel, M.R., in Taylor v. St. Helen's Corporation, 6 Ch D at p. 280, citing three House of Lords cases, 'did not see how it could be considered as having any force at the present day.' The cases cited by Jessel, M.R., however, all turned upon the construction of wills; the maxim has been recognized in the House of Lords since 1877, see Birrell v. Dryer, (1884) 9 App Cas 345; and it is submitted that the dictum of Jessel, M.R., is incorrect....
accord
accord 1 : to bring into agreement 2 : to grant or give esp. as appropriate, due, or earned vi : to be consistent or in harmony NOTE: Accord in this sense is often used to introduce a case or an authority that accords with the case or authority just cited, as for example in a sentence like “… a decision based on equitable principles. Accord Smith v. Jones, 1 F.2d 2 (1900).” n 1 : agreement of opinion [both cases in ] 2 : a formal act of agreement : treaty [an economic ] 3 : an accepted offer by which the parties agree that a specified future performance will discharge in full an obligation when performed even though the performance is of less value than the original obligation ;also : the defense that an accord was agreed upon usually used in the phrase accord and satisfaction; called also executory accord compare composition, compromise, novation, satisfaction substituted contract at contract, transaction ...
case
case [Latin casus accident, event, set of circumstances, literally, act of falling] 1 a : a civil or criminal suit or action [the judicial power shall extend to all s, in law and equity, arising under this Constitution "U.S. Constitution art. III"] see also controversy case at bar : a case being considered by the court [the facts of the case at bar] case of first im·pres·sion : a case that presents an issue or question never before decided or considered by the court com·pan·ion case : a case that is heard with another case because it involves similar or related questions of law test case 1 : a representative case whose outcome will serve as precedent for future cases and esp. for pending cases involving similar or related issues or circumstances and often some of the same parties NOTE: A test case is selected from a number of cases in order to avoid a flood of litigation. All of the parties to the cases must agree to accept the outcome of the test case as bi...
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