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De Nocumento Amovendo - Law Dictionary Search Results

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De nocumento Amovendo

De nocumento Amovendo. A writ for an order in abatement of nuisance issuable out of the Crown Office upon or after conviction of the defendant upon indictment. Hals. L. of E., title HIGHWAY, ETC., referring to Short and Mellor, Pr. Of the Crown Office, 2nd ed., p. 560....


Ballivo amovendo

Ballivo amovendo, an ancient writ to remove a bailiff from office for want of sufficient land in the baili wick, Reg. Brev. 78....


Custode admittendo, Custode amovendo

Custode admittendo, Custode amovendo, writs for the admitting and removing of guardians....


Leproso amovendo

Leproso amovendo, an ancient writ that lay to remove a leper or lazar, who thrusts himself into the company of his neighbours in any parish, either in the church, or at other public meetings, to their annoyance, Reg. Brev. 237....


de 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 ...


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