Cross Motion - Law Dictionary Search Results
Home Dictionary Name: cross motioncross-motion
cross-motion : a motion that attempts to counter a similar motion filed by an opposing party [after the plaintiffs moved to recuse his counsel, the defendant filed a to disqualify theirs] ...
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...
bill
bill 1 : a draft of a law presented to a legislature for enactment ;also : the law itself [the GI ] ap·pro·pri·a·tions bill [ə-prō-prē-ā-shənz-] : a bill providing money for government expenses and programs NOTE: Appropriations bills originate in the House of Representatives. bill of attainder 1 : a legislative act formerly permitted that attainted a person and imposed a sentence of death without benefit of a judicial trial see also attainder compare bill of pains and penalties in this entry 2 : a legislative act that imposes any punishment on a named or implied individual or group without a trial NOTE: Bills of attainder are prohibited by Article I of the U.S. Constitution. bill of pains and penalties : a legislative act formerly permitted that imposed a punishment less severe than death without benefit of a judicial trial compare bill of attainder in this entry NOTE: The term bill of attainder is often used to include bills of p...
answer
answer 1 : the defendant's written response to the plaintiff's complaint in a civil suit in which he or she may deny any of plaintiff's allegations, offer any defenses, and make any counterclaims against the plaintiff, cross-claims against other defendants, or third-party claims against third parties otherwise not involved in the lawsuit 2 : a written response to a counterclaim, cross-claim, or third-party claim : reply see also responsive pleading at pleading NOTE: In federal cases, answers are governed by Rule 12 of the Federal Rules of Civil Procedure. Under Rule 12, certain defenses (as lack of jurisdiction) may be made by motion rather than included in the answer. vi 1 : to serve or file an answer 2 : to make oneself responsible or accountable (as for the debt of another) vt 1 : to reply to in an answer [ the complaint] 2 : to make a defense against (as a charge or accusation) an·swer·able adj ...
hearing
hearing 1 : a proceeding of relative formality at which evidence and arguments may be presented on the matter at issue to be decided by a person or body having decision-making authority compare trial NOTE: The purpose of a hearing is to provide the opportunity for each side of a dispute, and esp. a person who may be deprived of his or her rights, to present its position. A hearing, along with notice, is a fundamental part of procedural due process. Hearings are also held, as for example by a legislature or an administrative agency, for the purpose of gathering information and hearing the testimony of witnesses. administrative hearing : a hearing conducted by an official (as an administrative law judge) or a body (as a review board) of an administrative agency regarding an agency action and esp. an action under dispute confirmation hearing 1 : a hearing conducted by the U.S. Senate to examine a nominee for the U.S. Supreme Court NOTE: Article II of the U.S. Constitution provides ...
Ballot
Ballot [fr. balla, Ital.; balle, Fr.], a little ball or ticket used in giving votes.Means a small ball or ticket used for indicating a vote; the system of choosing persons for office by marking a paper or by drawing papers with names on them from a receptacle; the formal record of a person's vote, Black Law Dictionary, 7th Edn., p. 138.Means a system of voting involving secret votes, Monsanto PLC v. TGWU, (1987) 1 All ER 358; Post Office v. UCW, (1990) 3 All ER 199.Means small ball, ticket or paper used in secret voting, Oxford Concise Dictionary, p. 89.Means a ticket, paper, etc., by which a vote is registered, Webster Dictionary of Law, p. 113.Means drawing of lots used in Parliament to determine the precedence among members desiring a share of Parliamentary time available for certain kinds of business, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, (1956), p. 21.Ballot, in House of Commons ballots are held to allot the limited available in Parliament to private members, Pa...
hearsay rule
hearsay rule : a rule barring the admission of hearsay as evidence NOTE: The hearsay rule is stated in Rule 802 of the Federal Rules of Evidence. Hearsay is inadmissible as evidence because of the unavailability of cross-examination to test the accuracy of the statement. There are numerous exceptions to the rule, however, mainly for statements made under circumstances that assure reliability. Statements made spontaneously, for example, or as part of a business or medical record are inherently trustworthy and thus excepted from the rule. A statement need not be made orally for purposes of the hearsay rule. Written statements, gestures, and even motion pictures are included. ...
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