Discretely - Law Dictionary Search Results
Malice exception
limitation on a public official's qualified immunity, by which the official can face Civil liability for wilfully exercising discretion in a way that violates a known or well-established right, Black's Law Dictionary, 7th Edn., p. 969.
Mala fides
to the requirements of the statute, or the basis of the circumstances contemplated by law, or improperly exercised discretion to achieve some ulterior purpose. The determination of a plea of mala fide involves two questions, namely (i)
Libel
good--on the principle volenti non fit injuria [Chapman v. Lord Ellesmere, (1932) 2 KB 431]. As to the discretion of the judge in awarding or withholding costs upon a verdict for nominal damages, see Martin v. Benson,
Keep your definitions linked to case research
Legislative power and judicial power
from this duty. This view of the distinction between the obligation to apply and enforce rules and a discretion to modify rules or make new rules was at one time applied uncompromisingly in describing functions as legislative
Leading question
a witness by his conduct show himself decidedly adverse to the party calling him it is in the discretion of the Court to allow him to be examined as if on cross-examination, Tayl. On Evid. Means a
Just and equitable
equitable, the principle of 'just and equitable' clause baffles a precise definition. It must rest with the judicial discretion of the court depending upon the facts and circumstances of each case. These are necessarily equitable considerations and
Jus pr'torim
Jus pr'torim, the discretion of the pr'tor in Roman Law, as distinguished from the leges, or standing law. See CIVIL LAW.
Jury
by jury upon application of a party under s. 6 of the Act was a matter in the discretion of a court or judge. Qualification.--The property qualification of jurors is fixed by the (English) County Juries Act,
Indictment
it is not obligatory to do so, and s. 9 of the Act leaves it to the absolute discretion [which must be exercised, Reg. v. Adamson, (1875) 1 QBD 201] of the justices either to summon the
Independent contractor
under the order or control of the person for whom he does it, and may use his own discretion in things not specified beforehand, Shivandan v. Punjab National Bank, AIR 1955 SC 404 (409): (1955) 1 SCR
Try the research workspace - 7 days free