Conviction - Law Dictionary Search Results
Home Dictionary Name: conviction Page: 6judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
Rabbit
Rabbit, also termed 'coney' in the (English) Game Act, 1831, ss. 30-32 of which render trespass in the daytime in pursuit of conies punishable on summary conviction by fine upto 2l; trespassers may be required to quit the land and to tell their names and abodes on pain of arrest on refusal, and similar trespass with violence by five or more armed persons is punishable by fine up to 5l. By the (English) Night Poaching Act, 1828, s. 1, unlawfully taking or destroying game or rabbits by night is punishable on summary conviction by imprisonment up to three months with hard labour (with increased punishments for second or third offences); and by s. 9 of the same Act, armed persons to the number of three or more unlawfully entering land for the purpose of destroying game or rabbits are punishable after conviction on indictment by penal servitude up to ten years or imprisonment with hard labour up to three years.A tenant may shoot rabbits on his farm, although the right of sporting is reserve...
Pardon
Pardon, forgiveness of a crime; remission of punis-hment.The pardoning of criminals is the peculiar preroga-tive of the sovereign. See 4 Steph. Com., 7th Edn.The sovereign may pardon all offences merely against the Crown and the public, excepting: (1) That to preserve the liberty of the subject, the committing any man to prison out of the realm is, by the Habeas Corpus Act (31 Car. 2, c. 2), made a pr'munire (see that title), unpardonable even by the Crown; and (2) that the sovereign cannot pardon where private justice is principally concerned in the prosecution of offenders--'non potest rex gratiam facere cum injuria et damno aliorum.'Neither at Common Law could the sovereign pardon an offence against a penal statute after information brought; for thereby the informer had acquired private property in his part of the penalty. But the Remission of Penalties Act, 1859, enables the Crown to remit penalties for offences, although payable to parties other than the Crown; and a special power...
impeach
impeach [Anglo-French empecher, from Old French empeechier to hinder, from Late Latin impedicare to fetter, from Latin in- + pedica fetter, from ped- pes foot] 1 : to charge with a crime or misconduct ;specif : to charge (a public official) before a competent tribunal (as the U.S. Senate) with misconduct in office see also Article I and Article II of the Constitution in the back matter NOTE: Impeachment is the first step in removing an officer from office. The president, vice president, and other federal officers (as judges) may be impeached by the House of Representatives. (Members of Congress themselves are not removed by being impeached and tried, but rather are expelled by a two-thirds majority vote in the member's house.) The House draws up articles of impeachment that itemize the charges and their factual bases. The articles of impeachment, once approved by a simple majority of the House members, are then submitted to the Senate, thereby impeaching the officer. The Senate th...
Public Order Act, 1936
Public Order Act, 1936 (English) (1 Edw. 8 & 1 Geo. 6, c. 6). An Act to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of limitary or similar character, and to make further provision for the preservation of public order on the occasion of public processions and meetings and in public places.S. 1.-Prohibition of uniform in connection with political objects.S. 2.-Prohibition of quasi-military organizations.S. 3.-Confers powers for the preservation of public order on the occasion of processions.S. 4.-Prohibition of offensive weapons at public meetings and processions.S. 5.-Prohibition of offensive conduct conducive to breaches of the peace.S. 6.-Amendment of Public Meeting Act, 1908; see PUBLIC MEETING.S. 7.-Enforcement.S. 8.-Application to Scotland.S. 9.-Interpretation.S. 10.-Short title and extent.A person who commits an offence under s. 2 is liable on summary conviction to a maximum of 6 months' imprisonment ...
Character
Character. Witnesses to speak to the good character of a prisoner may be called by him in his defence, and, if they speak to nothing else, it is the custom that the counsel for the prosecution should not reply. it is not allowable to state any particulars of the prisoner'' conduct, either in proof of his good or bad character; but if he call witnesses to his good character, a previous conviction against him maybe put in evidence. Witnesses to the bad character of prisoner can be called only to contradict witnesses to his good character, and evidence so called must be confined to general reputation, R. v. Rowton, (1865) 34 LJ MC 57. But a previous conviction may then be given in evidence in many cases, as in any case of an offence against the (English) Larceny Act, 1861 (24 & 25 Vict. c. 96), by s. 116 of that Act.Questioning of Witness.--A witness may also be questioned as to whether he has been convicted of any felony or misdemeanour, and proof of his conviction may be given if he eit...
Child
Child, means any person below the age of eighteen years and includes any adopted, step or foster child. [Protection of Woman from Domestic Violence Act, 2005 (43 of 2005), s. 2(b)]Child includes a still-born child. [Maternity Benefit Act, 1961 (53 of 1961), s. 3 (b)]Means a person who has not completed fourteen years of age. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (52 of 1966), s. 2 (b)]Means a person who has not completed his fifteenth year of age. [Factories Act, 1948 (63 of 1948), s. 2 (c)]Means a person who has not completed his fourteenth year of age. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (ii)Means a person who has not completed his fourteenth year of age. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (a)]Means a person who has not completed his fourteenth year of age. [Minimum Wages Act, 1948 (11 of 1948), s. 2 (bb)]Means a person who has not completed the age of sixteen years. [Immoral Traffic (Prevention) A...
Imprisonment
Imprisonment, 'imprisonment' shall mean imprisonment of either description as defined in theIndian Penal Code. [General Clauses Act, 1897 (10 of 1897), s. 3(27)]The restraint of a person's liberty under the custody of another. It extends in law to confinement not only in a gaol, but in a house, or stocks, or to hold-ing a man in the street, etc.; for in all these cases the person so restrained is said to be a prisoner, so long as he has not his liberty freely to go about his business as at other times, Co. Litt. 253. See FALSE IMPRISONMENT.Imprisonment for Crime.--Any common law mis-demeanour is punishable after conviction on indictment by fine or imprisonment or both, at the discretion of the court. Imprisonment for not more than two years is very frequently authorised, as an alternative to penal servitude, by the (English) Offences against the Person Act, 1861, and other Acts set out in Chitty's Statutes, tit. 'Criminal Law.' As to the right of any person convicted by a Court of Summ...
Or
Or, construed as 'and'. The courts may construe 'or' as 'and' if they find from the context that the wrong word must have been used, Morgan v. Thomas, (1882) 9 QBD 643 (645), per Jessel (MR).Or, in the sentence any 'any person concerned in any such offence shall be liable to a penalty not exceeding three times the value of the goods or not exceeding 1000 rupees.' It is clear that if the words form an affirmative sentence, then the condition of one of the clauses only need be fulfilled. In such a case 'or' really means 'either' 'or'. In the Shorter Oxford Dictionary one of the meanings of the word 'or' is given as 'A participle co-ordinating two (or more) words, phrases or clauses between which there is an alternative.' It is also there stated, 'The alternative expressed by 'or' is emphasised by prefixing to the first member or adding after the last, the associated adv. EITHER.' So, even without 'either', 'or' alone creates an alternative. If, however, the sentence is a negative one, th...
jeopardy
jeopardy 1 : exposure to or imminence of death, loss, or injury 2 : the danger of conviction that an accused person is subjected to when on trial for a criminal offense see also double jeopardy NOTE: Jeopardy attaches, or comes into effect for double jeopardy purposes, when a jury is sworn in or, in a non-jury trial, when the judge begins to hear evidence. The Fifth Amendment to the U.S. Constitution forbids double jeopardy for the same offense, and this applies whether the first trial ends in acquittal, conviction, or a mistrial. If a mistrial occurs due to a manifest necessity or if a defendant appeals a conviction, however, the rule against double jeopardy does not apply. The issue of manifest necessity is determined by the trial judge and, if necessary, by an appeals court. ...
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