Concurrent Jurisdiction - Law Dictionary Search Results
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concurrent jurisdiction see jurisdiction ...
jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
concurrent
concurrent 1 : occurring, arising, or operating at the same time often in relationship, conjunction, association, or cooperation [the power of taxation in the general and state governments is acknowledged to be "McCulloch v. Maryland, 17 U.S. 316 (1819)"] [a tortious act] see also concurrent cause at cause concurrent sentence at sentence 2 : insuring the same property to the same extent under identical terms [ fire policies] 3 : exercised over the same matter or area by two different authorities see also concurrent jurisdiction at jurisdiction concurrent power at power con·cur·rent·ly adv ...
London
London, the metropolis of England. for a short account of early London, see 3 Hallam, Mid. Ages, p. 219.The 'city' of London, which is not subject to the Municipal Corporations Act, contains only 671 acres and is divided into twenty-six wards, over each of which there is an alderman, and is governed by a lord mayor, who is chosen yearly. As to the customs of the city, see Pulling's Customs of London, p. 5 et seq.The customs of London as to the distribution of intestates' effects are abolished by 19 & 20 Vict. c. 94.The administrative 'county' of London was established by the Local Government Act, 1888, s. 40, and consists of the city of London and the various metropolitan parishes in the counties of Middlesex, Surrey, and Kent, which prior to that Act were subject to the jurisdiction of the Metropolitan Board of Works, constituted by the (English) Metropolis Management Act, 1855 (18 & 19 Vict. c. 120), the powers of which board are transferred to the London County Council, the number o...
Defamation
Defamation, an intentional false communication, either published or publicly spoken, that injures another's reputation or good name, holding up of a person to reduce, Scorn or contempt in a respectable an considerable part of the community; may be criminal as well as civil. Includes both libel and slander. (Indian Penal Code, 1860, s. 499)Defamation, general term for words spoken (slander) or written (libel) to the prejudice of a person's character, in such wise as to support an action by such person against the speaker or writer. The ecclesiastical courts had formerly a concurrent jurisdiction in such an action, but such jurisdiction was abolished in 1855 by 18 & 19 Vict. c. 41. See LIBEL 'SLANDER. Consult Odgers on Libel and Slander.The act of a defaulter: Embezzlement or misappropriation of public or trust funds: Diminution, abatement, excision of any part of a customary allowance; a cutting off, a diminution by way of deficit....
Duchy Court of Lancaster
Duchy Court of Lancaster, a tribunal of special jurisdiction, held before the chancellor of the duchy or his deputy, concerning all matters of equity relating to lands holden of the Crown in right of the Duchy of Lancaster, but not necessarily in Lancashire, and the Duchy Court which has not been abolished and has not sat for upwards of a century must not be confused with the Chancery Court of County Palatine (q.v.). the proceedings were similar to those on the Equity side of the Courts of Exchequer and Chancery, and the Chancery Court exercised a concurrent jurisdiction with the Duchy Court, so that it seems not to be a Court of Record. See COUNTY PALATINE....
Person of unsound mind
Person of unsound mind, a term by which in a more enlightened age persons afflicted with a mental illness affecting their reason are to be known, as distinguished from Idiots, Imbeciles, Feeble-minded Persons and Moral Defectives under the Mental Deficiency Act, 1927 (17 & 18Geo. 5, c. 33) (see those titles, and LUNATICS).The statute law affecting persons of unsound mind in contained in the (English) Lunacy and Mental Treatment Acts, 1890 to 1930, of which the principal are the (English) Lunacy Acts, 1890 (53 & 54 Vict. c. 5), 1891 (54 & 55 Vict., c. 56), and as regards Boards of Control, the Mental Deficiency Acts, 1913 to 1927 and the Mental Treatment Rules, 1930 (S.R. & O., 1930 No. 1083). A classification of patients has been made as follows: (a) Voluntary (see the (English) Act of 1930, s. 1; (b) Temporary (ibid., s. 5 (1); (c) Certified [(English) Lunacy Act, 1890, s. 4]; (d) Found to be of unsound mind upon inquisition (see that title), and a further classification is into a pri...
Nemo debet bis vexari, si constat curi' quod sit pro una et eadem causa
Nemo debet bis vexari, si constat curi' quod sit pro una et eadem causa. 5 Co. 61, (No man ought to be twice put to trouble, if it appear to the Court that it is for one and the same cause.) In civil actions the general rule is, that the judgment of a Court of concurrent jurisdiction directly upon the point, is, as a plea, a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another Court. the exception to this rule is in the action of ejectment, 2 Selw. N.P. 763.It is also well established in the criminal law, that when a man is indicted for an offence, and acquitted, he cannot afterwards be indicted for the same offence, provided the first indictment were such that he could have been lawfully convicted upon it by proof of the facts contained in the second indictment, Arch. Cr. Plead. For a recent instance of the application of the maxim, see Rex. v. Simpson, (1914) 1 KB 66. See AUTREFOIS CONVICT.But an abortive trial without a verdic...
Circuity of action
Circuity of action, a longer course of proceeding to recover a thing sued for than is needful--Terms de la Ley; also a general term denoting inter alia a multiplicity of law suits. Wherever the rights of the litigant parties were such that the defendant would be entitled to recover back from the plaintiff the same sum which the plaintiff sought to recover, the defendant might plead the facts which constitute such right as a defence, in order to avoid circuity of action, Bullen & Leake, Prec. of Plead., 3rd ed., p. 558. Now all the counterclaims may be raised in the defence to an action. See Jud. Act, 1873, s. 24(3), and Judicature Act, 1925, s. 39; see also ss. 59 (2) and 61 of the Bills of Exchange Act, 1882. See COUNTERCLAIM.One of the most beneficial functions of the Chancery Courts was exercised in its concurrent jurisdiction under which all parties concerned were brought before the Court before deciding an action, and see also the third party procedure under R.S.C. Ord. XVI., r. 4...
Chancery Court of Lancaster
Chancery Court of Lancaster. By Royal Charter and by Statute, a court conferred on the County Palatine of Lancaster, having the same and concurrent jurisdiction within its are as the Chancery Division of the High Court, see (English) Chancery of Lancaster Act, 1890 (53 & 54 Vict. c. 23); appeals to the Court of Appeal [ (English) Judic. Act, 1925, s. 28]. The Court is presided over by a Vice-Chancellor appointed by the Chancellor of the Duchy and County Palatine....
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