Determination And Order - Law Dictionary Search Results
writ of habeas corpus
writ of habeas corpus a document filed as a means of testing the legality of a restraint on a person's liberty, usually imprisonment. The writ commands the officials who have custody of a prisoner to bring the prisoner before the court, so that the court may determine whether the prisoner is being detained lawfully. Source: Federal Judicial Center ...
Judicial
Judicial, 'judicial' extends 'to the acts and orders of a competent authority which has power to impose a liability or to give a decision which determines the rights or property of the affected parties'. 'Judicial' embraces even the acts of special tribunals which though administrative in character perform func-tions resembling those of Courts, Bhailal Jagadish v. Additional Deputy Commissioner, AIR 1953 Nag 89.Judicial, does not necessarily mean acts of a Judge or Legal Tribunal sitting for the determination of matters of law, but for the purpose of this question a judicial act seems to be an act done by a competent authority, upon consideration of facts and circumstances and imposing liability or affecting the rights of others, Regina John M'Evoy v. Dublin Corpn., (1878) 2 LR Ir 371.Has two meanings. It may refer to the discharge of duties exercisable by a Judge or by Justices in court or to administrative duties which need not be performed in court, but in respect of which it is nec...
Originating summons
Originating summons, a summons without writ, returnable in the chambers of a judge of the High Court. summonses of this description are very frequently issued in the Chancery Division for the determination of particular questions arising in the administration of an estate or trust, without the administration of the whole estate or trust; for settling questions between vendors and purchasers (see VENDOR AND PURCHASER SUMMONS); for foreclosure or redemption of mortgages; for determining questions of construction of a written instrument, and for numerous other purposes; see R.S.C. 1883, Ords. LIV. LIVA., LIVB., LIVC., and LV. Et seq. If the question raised is one requiring argument it is generally adjourned into Court; if it is a simple matter the judge will determine it in Chambers. The summons may be taken out by any person interested, and is served on the persons whose rights are sought to be affected. This procedure was first established in 1883 by the Rules of that year, and has been...
Quod permittat prosternere
Quod permittat prosternere, a writ, in the nature of a writ of right, to abate a nuisance, Fitz. N.B. 104. Abolished.Means 'that he permit to abate'. A writ to abate a nuisance, similar in nature to a petition of right, Black's Law Dictionary, 7th Edn., p. 1263.Means this is a writ commanding the defendant to permit the plaintiff to abate, quod permittat prosternere, the nuisance complained of; and, unless he so permits, to summon him to appear in court, and show cause why he will not. And this writ lies as well for the alienee of the party first injured, as hath been determined by all the judges. And the plaintiff shall have judgment herein to abate the nuisance, and to recover damages against the defendant, Commentaries on the Laws of England, 3 William Blackstone 222 (1768)....
Point of order
Point of order, a point of order is primarily intended to determine the interpretation of the rules and regulations governing the meeting: it does not contemplate any discussion on any event. A claim that a candidate is subject to a disqualification cannot be decided without evidence, and discussion such an objection cannot, therefore, form the subject of a point of order, Surat Singh v. Kishori Lal, (1969) 2 SCC 487 (491). [D.M.C. Procedure and Conduct of Business Regulation, 1958, Rule 33]...
collateral order doctrine
collateral order doctrine : an exception to the final judgment rule that allows review of orders conclusively determining a disputed question when the question is independent and separable from the rest of the case for purposes of review and is too important to be denied review until the rest of the case is adjudicated ...
canvass
canvass also can·vas [kan-vəs] vb -vassed also: -vased -vass·ing also: -vas·ing vt 1 a : to examine in detail ;specif : to examine (votes) officially for authenticity b : to make the subject of discussion or debate 2 : to go through (a district) or go to (persons) in order to solicit orders or political support or to determine opinions or sentiments vi : to seek or solicit orders or votes ...
Point of orders
Point of orders, includes an objection raised by a member at a meeting for breaches of the rules or regulation, to some defect in the constitution of the meeting (e.g. absence of a quorum), to the use of offensive or abusive language, or to invite the attention of the presiding officer that the motion under discussion is not within the scope of the notice, or to any similar infirmity or irregularity in the proceeding. In addition to breaches of the general or special rules, use of insulting or bad language, gross accusations or insinuation and unseemly or contemptible conduct may be taken exception to in this manner. A point of order is primarily intended to determine the interpretation of the rules and regulations governing the meeting; it does not contemplate any discussion on any event, Surat Singh v. Kishori Lal, (1969) 2 SCC 487....
regulatory taking
regulatory taking : an appropriation or diminution of private property rights by a governmental regulation which exceeds the government's legitimate police power (as the power to enact safety regulations) and for which the owner may seek a writ of mandamus, declaratory relief, or just compensation (as by inverse condemnation) compare physical taking, zoning NOTE: In order to determine whether a regulatory taking is effected by a regulation, a court will consider the government's interest that is being furthered by the regulation, the breadth or specificity of the regulation, and the extent of the regulation's impact on the owner's property rights and expectations. The U.S. Supreme Court has held that an owner can bring an action for compensation when the taking has deprived the owner of all use of the property even temporarily. Otherwise, the owner may be entitled only to declaratory relief. ...
quo warranto
quo warranto [Medieval Latin, by what warrant; from the wording of the writ] 1 : an extraordinary writ requiring a person or corporation to show by what right or authority a public office or franchise is held or exercised 2 : a proceeding in the nature of a writ of quo warranto for determining by what authority or right an office or franchise is held or exercised and seeking as an extraordinary remedy the discontinuance of an unlawful exercise of office or franchise ...
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