Criminal Information - Law Dictionary Search Results
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Criminal information, a proceeding in the King's Bench Division of the High Court of Justice atthe suit of the king,without a previous indictment or presentment by a grand jury. Criminal informa-tions are of two sorts: (1) Ex officio, which is a formal, written suggestion of an offence com-mitted, filed bby the Attorney-General, or, in the vacancy of that office, by the Solicitor-General, in the King's Bench Division of the High Court, without the intervention of a grandjury. It lies for misdemeanours only, and not for treasons or felonies. The informationis filed in the Crown Office without the previous leave of the Court. (2) Information by the Master of the Crown Office, which is filed at the instance of an individual called 'the relator,' with the leave of the Court; and usually confined to gross and notorious misdemeanours, riots, batteries, libels, and other immoralities. Criminal informations may also be filed against judges and magistrates for illegal, unjust,and wilfully oppre...
Information
Information, an accusation, or complaint, also, communicated knowledge.Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press-releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. [Right to Information Act, 2005, s. 2(f)]Information in chancery. Where a suit was instituted on behalf of the Crown or Government, or of those of whom it had the custody by virtue of its prerogative (such as idiots and lunatics), or whose rights are under its particular protection (such as the objects of a public charity), the matter of complaint was offered to the Court by way of information by the Attorney or Solicitor-General, and not by way of petition. When a suit immediately concerned the crown or government alone, the proceeding was pur...
privilege
privilege [Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law] 1 : a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as a : an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office ;also : the affirmative defense that an action is privileged compare excuse absolute privilege : a privilege that exempts a person from liability esp. for defamation regardless of intent or motive ;specif : a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice qualified privilege : a privilege esp. in the law of defamation that may be defeated esp. by a showing of actual malice called also conditional privilege b : an exemption from a requirement to disclose information (as fo...
Relator
Relator, a rehearser, teller, or informer. It was the name given to a plaintiff in an information in Chancery, where the rights of the Crown were not immediately concerned, who was responsible for costs; he must have given the solicitor a written authority to file the information, 15 & 16 Vict. c. 86, s. 11. For the former information in Chancery an action is now substituted (see R.S.C. Ord. 1., r. 1), but the term 'relator' is still in use as meaning the person responsible for costs at whose suggestion an action is commenced by the Attorney-General.Also, a person who brings an information in the nature of a quo warranto, or a criminal information.Means a party who has standing and on whose behalf a writ is petitioned for by the state as plaintiff, State ex rel. Tate v. Turner, 789 SW 2d 240 (1990)....
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
dismissal
dismissal 1 : removal from a position or service 2 a : the termination of an action or claim usually before the presentation of evidence by the defendant in·vol·un·tary dismissal 1 : the dismissal of an action by the court because of the plaintiff's failure to pursue his or her case 2 : the dismissal of an action by the court upon motion of the defendant after presentation of plaintiff's case made on the grounds that the plaintiff has shown no right to relief NOTE: An involuntary dismissal under Federal Rule of Civil Procedure 41(b) prevents the plaintiff from bringing suit again based on the same claim. vo·lun·tary dismissal : the dismissal of an action by the plaintiff NOTE: Under Federal Rule of Civil Procedure 41(a), a plaintiff may dismiss an action without a court order anytime before the defendant serves an answer or moves for summary judgment, or by stipulation of the parties. Otherwise, a court order is required. A court-ordered dismissal will...
Affidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
Crown Office Rules, 1906
Crown Office Rules, 1906, a large body of Rules, 269 in number,with Forms and Tables of Fees,issued by the Rules Committee of the Supreme Court, superseding the 308 Rules of 1886 as from October 24h, 1906, and regulating the whole practiceand procedure of the Crown Side of the King's Bench Division of the High Court in Certiorari, Criminal Information, Habeas Corpus, Mandamus, Prohibition, Quo Warranto and other matters....
discovery
discovery pl: -er·ies 1 : the act or process of discovering 2 : something discovered [applied for a patent for the ] 3 a : the methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant to the action see also deposition, interrogatory, request for production b : the disclosure of information held by the opposing party in an action [a party may obtain of the existence and contents of any insurance agreement "Federal Rules of Civil Procedure Rule 26(b)(2)"] see also privilege, work product doctrine NOTE: Discovery allowed under Federal Rule of Civil Procedure 26 is far-reaching. With some exceptions, a party may obtain discovery of any relevant information as long as it is not privileged, including information that itself would not be admissible at trial but that is likely to lead to the discovery of admissible evidence. Criminal discovery, however, has been more controversial. Under Federal Rule of Criminal Procedure ...
Prosecution
Prosecution, a proceeding either by way of indict-ment or information, in the criminal courts, in order to put an offender upon his trial. In all criminal prosecutions the King is nominally the prosecutor. See titles PUBLIC PROSECUTOR and ADVOCATE, LORD.The word 'prosecution' as used in Article 20 contemplated a proceeding of a criminal nature either before a court or a judicial tribunal, Thomas Dana v. State of Punjab, AIR 1959 SC 375: (1959) Supp 1 SCR 274.Means a criminal action; a proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with crime', Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734.Means criminal proceedings in general. It includes all criminal proceedings to which any oral obloque is attached, ST Sahib v. Hasan Ghani Sahib, AIR 1957 Mad 646.Means a person appointed by the government to conduct all prosecutions on behalf of the State, Mansoor v. State of Madhy...
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