Confinement - Law Dictionary Search Results
Home Dictionary Name: confinementarrest
arrest [Middle French arest, from arester to stop, seize, arrest, ultimately from Latin ad to, at + restare to stay] : the restraining and seizure of a person whether or not by physical force by someone acting under authority (as a police officer) in connection with a crime in such a manner that it is reasonable under the circumstances for the person to believe that he or she is not free to leave see also miranda warnings probable cause at cause, warrant compare stop cit·i·zen's arrest : an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen NOTE: Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence. civil arrest : the arrest and detention of a defendant in a civil suit until he or she posts bail or pays the judgment see also capias ad respondendum NOTE: Civil arrest is restricted or prohibited in most states. ...
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...
Arrest of judgment
Arrest of judgment, Formerly an unsuccessful defendant might move that the judgment for the plaintiff be arrested or withheld, notwithstanding a verdict given, on the ground that there was some substantial error appearing on the face of the record which vitiated the proceedings. (See now R.S.C. Ords. XXVII. And XXXIX.) Judgment may be arrested for good cause in criminal cases, if the indictment be insufficient. See Archbold's Criminal Pleading.Means the staying of judgment after its entry, especially, a court's refusal to render or enforce a judgment because of a defect apparent from the record. At Common Law, courts have the power to arrest judgment for intrinsic causes appearing on the record, as when the verdict differs materially from the pleading or when the case alleged in the pleadings is legally insufficient. Today, that type of defect must typically be objected to before trial or before judgment is entered, so that the motion in arrest of judgment has been largely superseded, ...
Solitary confinement
Solitary confinement. The Criminal Law Consolida-tion Acts of 1861 each frequently provide for sentences of imprisonment 'with or without solit-ary confinement' in the discretion of the Court, and also that no offender shall be kept in solitary confinement for a longer period than one month to a time, nor there months in the space of a year 'but the Prison Act, 1865, has since, by s. 17, enjoined the prevention of criminal prisoners from holding any communication with each other, and these provisions of the Criminal Law Consolidation Acts have been consequently repealed by Statute Law Revision Acts.Separate confinement that gives a prisoner extremely limited access to other people, esp. the complete isolation of a prisoner, Black's Law Dictionary, 7th Edn., p. 1399....
pretextual arrest
pretextual arrest : pretext arrest at arrest ...
Arrest of ship
Arrest of ship. The arrest of a ship is the method employed for enforcing an Admiralty process in rem. The ship can be released by giving bail to the extent of the claim and costs. See SHIPOWNER, R. S. C. Ord. V., rr. 15 and 16, and Roscoe's Admiralty Practice. When the arrest is malicious, an action will lie without proof of actual damage (The 'Walter D.Wallett,' 1893, P. 202)....
Arrest of inquest
Arrest of inquest, pleading in arrest of taking the inquest upon a former issue, and showing cause why an inquest should not be taken, Bro. Ab., tit. 'Repleader.'Means a plea that a matter proposed for inquiry has already been investigated and should therefore not be re-examined, Black Law Dictionary 7th Edn., p. 105....
Wrongful confinement
Wrongful confinement, wrongful confinement is a wrongful restraint in such a manner as to prevent that person from proceeding beyond a certain circumscribed limits and this offence has nothing to do with the investigation or search, Shyam Lal Sharma v. State of Madhya Pradesh, AIR 1972 SC 886: (1972) 1 SCC 764 (770): (1972) 3 SCR 422. (Indian Penal Code, s. 342)Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said 'wrongfully to confine' that person. (Indian Penal Code, s. 340)...
Quasi-solitary confinement
Quasi-solitary confinement, solitary confinement, but partial. In Sunil Batra's case the accused was locked up in a small cell. He was visited by guards and prison officals. A few callers were allowed to meet him once in a blue moon. [Sunil Batra v. Delhi Administration, AIR 1978 SC 1675 (1687), para 45]. (Justice V.R. Krishna Iyer)...
Parol arrest
Parol arrest. Any justice of the peace may, byword of mouth, authorize any one to arrest another who is guilty of a breach of the peace in his presence....
- << Prev.
- Next >>