De - Law Dictionary Search Results
Home Dictionary Name: dede facto
de facto [Medieval Latin, literally, from the fact] : in reality : actually [these two constraints have been lifted, one de facto and one de jure "Susan Lee"] adj 1 : actual ;esp : being such in effect though not formally recognized see also de facto segregation at segregation 2 : exercising power as if legally constituted or authorized [a de facto government] [a de facto judge] compare de jure ...
de novo
de novo [Medieval Latin, literally, from (the) new] : over again : as if for the first time: as a : allowing independent appellate determination of issues (as of fact or law) [a de novo review] b : allowing complete retrial upon new evidence compare abuse of discretion, clearly erroneous NOTE: A de novo review is an in-depth review. Decisions of federal administrative agencies are generally subject to de novo review in the U.S. District Courts, and some lower state court decisions are subject to de novo review at the next level. ...
De facto
De facto, in fact, opposed to de jure, of right.The Act 11 Hen. 7, c. 1 (declared by some great writers to be only declaratory of the Common Law), was passed for the protection of all subjects who assist and obey a king de facto. It was pleaded to no purpose on the trial of Sir Harry Vane, the judges actually holding that Charles II. had been king de facto as well as de jure from the moment of his father's death (Hall. Const. Hist. Ch. xi.)...
De jure
De jure [Lat.] (by right), opposed to de facto. The most striking instance of the recognition by our law of the distinction between things de jure and de facto is found in the statute-book, which entitles the first Act of Parliament passed in the reign of Charles the Second as of the twelfth year of his reign, the previous years having been spent by him in exile, and the affairs of the kingdom having been conducted by the Protector. See DE FACTO...
Venire facias de novo
Venire facias de novo, a second writ to summon another jury for a new trial.The venire de novo was the Old Common Law method of proceeding to a new trial, and differed materially from granting a new trial, inasmuch as it was awarded from some defect appearing upon the face of the record, while a new trial was granted for matter entirely extrinsic. Where a verdict could have been amended, a venire de novo was never awarded. If awarded, the party succeeding at the second trial was not entitled to the costs of the first. It has since been superseded by a trial de novo. The Court of Criminal Appeal can order a writ of venire de novo to issue, R. v. Crane, (1921) 2 AC 299, and R. v. Dennis, 40 TLR 420. See also NEW TRIAL....
de jure
de jure [Medieval Latin, literally, from the law] 1 : by right : of right [a de jure officer] 2 : in accordance with law see also de jure segregation at segregation compare de facto ...
de bonis non
de bonis non [short for de bonis non administratis, from Medieval Latin, of the goods not administered (by the executor)] : concerning the goods of a decedent that are not yet administered see also administrator de bonis non at administrator ...
De bonis non
De bonis non, of the goods of a deceased person not [administered]. A grant de bonis non administratis, or more shortly de bonis non, is made where an executor dies interest or an administrator dies, and in either case without having fully administered. See ADMINISTRATION...
De essendo quietum de tolonio
De essendo quietum de tolonio, a writ which lay for those who were by privilege free from the payment of toll, on their being molested therein, Fitz. N.B. 226...
De fide et officio judicis non recipitur questio; sed de scientia, sive error sit juris sive facti
De fide et officio judicis non recipitur questio; sed de scientia, sive error sit juris sive facti [Lat.], Of the good faith and intention of a judge a question cannot be entertained; but it is otherwise as to his knowledge, whether the error be one of law or fact....
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