Direct Review - Law Dictionary Search Results
Home Dictionary Name: direct review Page: 2 Page 2 of about 66 results (0.004 seconds)Prerogative of mercy
Prerogative of mercy. In early times the operation of the Royal Prerogative of Mercy was far wider than at the present day, as it was not only extended to some persons who in later ages would not be considered to have incurred any criminal respon-sibility, e.g., persons who had committed homicide by misadventure or in self-defence (Pollock and Maitland's Hist. Engl. Law, vol. ii., pp. 476 et seq.), but was even extended to jurors who had been attained for an oath that, though not false, was fatuous: ibid. p. 661. The power of pardoning offences is stated by Blackstone to be one of the great advantages of monarchy in general above every other form of government, and which cannot subsist in democracies. Its utility and necessity are defended by him on all those principles which do honour to human nature: see 4 Bl. Com. c. 31, p. 397. In early times, again, there were fewer offences that did not admit of being pardoned. In appeals (i.e., private accusations of felony) which were not the s...
Finding and direction
Finding and direction, The expression 'finding' and 'direction' are limited in meaning A finding given in an appeal, revision or reference arising out of an assessment must be a finding necessary for the disposal of the particular case, that it to say, in respect of the particular assessee and in relation to the particular assessment year. To be a necessary finding, it must be directly involved in the disposal of the case, Rajinder Nath v. C.I.T., AIR 1979 SC 1933 (1934): (1979) 4 SCC 282: (1980) 1 SCR 272. [Income Tax Act, 1961, s. 153(3)(ii)]...
mandate
mandate [Latin mandatum, from neuter of mandatus, past participle of mandare to entrust, enjoin, probably irregularly from manus hand + -dere to put] 1 a : a formal communication from a reviewing court notifying the court below of its judgment and directing the lower court to act accordingly b : mandamus 2 in the civil law of Louisiana : an act by which a person gives another person the power to transact for him or her one or several affairs 3 a : an authoritative command : a clear authorization or direction [the of the full faith and credit clause "National Law Journal"] b : the authorization to act given by a constituency to its elected representative vt man·dat·ed man·dat·ing : to make mandatory or required [the Pennsylvania Constitution s a criminal defendant's right to confrontation "National Law Journal"] ...
Contingent liability
Contingent liability, as a liability which, by reason of something done by the person bound, will necessarily arise or come into being if one or more of certain events occur or do not occur, Glenister v. Rowe (CA), (1999) 3 WLR 716.Contingent liability, must arise out of an existing or underlying liability, no such liability can exist simply by reason of a claim for costs made in a writ, summons, application or notice of appeal to the judge or to the Court of Appeal, Glenister v. Rowe (CA), (2000) Ch LR 76....
exhaustion
exhaustion : the act or process of exhausting [even after the of direct appellate review "W. R. LaFave and J. H. Israel"] ;specif : exhaustion of remedies ...
Life-peerage
Life-peerage. Letters-patent, conferring the dignity of baron for life only, do not enable the grantee to sit and vote in the House of Lords, not even with the usual writ of summons to the House, Resolution of the Committee for Privileges, February 22, 1856. But see LORDS OF APPEAL IN ORDINARY....
attack
attack : an attempt to prove something invalid or incorrect esp. through judicial procedures [made an on the will as not properly witnessed] ;specif : an attempt to have the judgment of a court corrected or overruled collateral attack : an attack on a judgment made during or by a proceeding brought for a different purpose see also habeas corpus ad subjiciendum at habeas corpus direct attack : an attack on a judgment made in a proceeding (as an appeal) brought for the specific purpose of having the judgment corrected or overturned attack vb ...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
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...
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