Commonwealth Court - Law Dictionary Search Results
Home Dictionary Name: commonwealth courtCommonwealth Court
Commonwealth Court : a court in Pennsylvania that hears cases involving administrative agencies or other governmental bodies ...
Australia, Commonwealth of.
Australia, Commonwealth of. The association of the people of New South Wales, Victoria, South Australia, Queensland, Tasmania, and Western Australia in a federal Commonwealth comprising also Papua, the Northern Territory, and Norfolk, Ashmore and Cantier Island in the Pacific (and see MANDATED TERRITORIES), with a Constitution enabling its Parliament, consisting of the Sovereign of the British Empire, a Senate, and a House of Representatives, to legislate for the whole of Australia. The legislative powers of the Parliament, which may be found under 39 heads in the 51st paragraph of the Constitution, extend to trade, taxation, defence, coinage, bankruptcy, copyright, marriage, 'the people of any race other than certain aborigines,' immigrants and emigration, 'external affairs,' railway construction, and other matters too numerous to particularize; see Commonwealth of Australia Constitution Act, 1900 (Imperial, 63 & 64 Vict. c. 12); A.-G. for Commonwealth of Australia v. Colonial Sugar R...
barrister
barrister [Middle English barrester, from barre bar + -ster (as in legister lawyer)] 1 : a lawyer who argues cases before a British court ;esp : one who is allowed to argue before a British high court compare solicitor NOTE: Many countries in the Commonwealth (as England and Australia) and the Republic of Ireland divide the legal profession into barristers and solicitors. In Canada, every lawyer is both a barrister and a solicitor, although individual lawyers may describe themselves as one or the other. Scotland uses the term advocate to refer to lawyers allowed to argue cases in its courts. 2 : lawyer ...
allocatur
allocatur [Medieval Latin, it is allowed] : permission to appeal [granted in order to determine whether the lower courts were in error "City of Pittsburgh v. Commonwealth, 653 A.2d 1210 (1995)"] used primarily in Pennsylvania ...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
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,...
Election
Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).The act of selecting one or more from a greater number for an office.The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch...
Election Commission
Election Commission, 'Election Commission' means the Election Commission referred to in Article 324. [Government of National Capital Territory of Delhi Act, 1991 (1 of 1992), s. 2(d)]Means the Election Commission appointed by the President under article 324. [Representation of the People Act, 1950, s. 2 (d)]The Chief Election Commissioner can be removed only in the like manner and on the like grounds as a Judge of a Supreme Court; his conditions of service cannot be varied to his disadvantage after his appointment. An Election Commissioner or Regional Commissioner can be removed from office only on the recommendations of the Chief Election Commissioner. [Constitution of India, Art. 394(5)]Is a Constitutional body in India, created for the pur-pose of holding elections to Parliament, State Legislatures and Offices of President and Vice-President. [Constitution of India, Art. 324]Can disqualify a person for six years from voting on ground of conviction for certain offences. [Representati...
Fornication
Fornication [fr. fornix, a brothel, Lat.], the inter-course of a man with a prostitute; the act of incontinency in single persons; if either party be married, it is adultery. During the Commonwealth, a second offence was made felony without benefit of clergy, Scobel, 121. After the Restoration the offence was left to be dealt with by the spiritual Court according to the rules of the canon law. Proceedings under the canon law for incontinency have fallen into desuetude, 4 Steph. Com. See PROSTITUTE.Voluntary sexual intercourse between two unmarried persons, Black's Law Dictionary, 7th Edn., p. 664....
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