Discretion - Law Dictionary Search Results
Manslaughter
the commission of some other unlawful act, or by culpable negligence. Both are felony, and punished, at the discretion of the Court, by penal servitude for life, or not less than three yeas, or by a fine.--(English)
Mandamus
other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not
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.
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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)
Liquidation expenses principle
Liquidation expenses principle, is a statement of how, in general, the court will exercise its discretion in a common form set of circumstances, Lundy Granite Co. (in re:); Heavan Ex parte, (1871) LR 6
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,
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.
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