Dissenting Opinion - Law Dictionary Search Results
Home Dictionary Name: dissenting opiniondissenting opinion
dissenting opinion see opinion ...
opinion
opinion 1 a : a belief stronger than impression and less strong than positive knowledge b : a formal expression of a judgment or appraisal by an expert see also opinion testimony at testimony compare fact 2 a : advice or evaluation regarding the legal issues involved in a situation given by an attorney to a client [an of title] called also legal opinion see also opinion letter at letter b : an advisory opinion issued by an authorized public official (as an attorney general) or a recognized body (as the American Bar Association) 3 a : the formal written expression by a court or judge of the reasons and principles of law upon which the decision in a case is based compare holding, judgment, ruling advisory opinion : a nonbinding opinion or evaluation of a court or other judicial or quasi-judicial authority or body regarding the effect of the law on a situation that does not present an actual controversy between parties [to answer questions which were not brought before this Court...
dissent
dissent 1 : to withhold assent or approval [unfair squeezeout transactions—the kind to which public shareholders seem most likely to "R. C. Clark"] see also appraisal NOTE: A shareholder who dissents from a proposed transaction may demand that the corporation buy his or her shares after an appraisal. 2 : to differ in opinion ;esp : to disagree with a majority opinion [three of the justices ed] compare concur dis··sent·er n n 1 : difference of opinion ;esp : a judge's disagreement with the decision of the majority 2 : dissenting opinion at opinion 3 : the judge or group of judges that dissent compare majority ...
Judicial Committee of the Privy Council
Judicial Committee of the Privy Council, a tribunal of Privy Councilors, established by 2 & 3 Wm. 4, c. 92, for the disposal of appeals to the Sovereign in Council. It consists of the Lord Chancellor, the Lord President and ex-Lords President, the six Lords of Appeal in Ordinary, and such other members of the Privy Council as shall from time to time hold or have held 'High Judicial Office,' i.e., judges of the Supreme Courts of England or Ireland, Court of Session in Scotland, and not more than seven judges of the superior courts of the self-governing Colonies (or other possession fixed by Order in Council), and not more than two judges of any High Court in India as shall be nominated by the King.The Committee sits in Downing Street, Whitehall. Appeals are conducted before it as before a court, although inform it reports to the King advising that an appeal should be allowed or disallowed: consequently dissenting opinions are not disclosed. The principal matters which come before the Ju...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Toleration Act
Toleration Act (English) (1 W. & M. st. 1, c. 18), confirmed by 10 Anne, c. 2, by which all persons dissenting from the Church of England (except Papists and persons denying the Trinity) were relieved from such of the Acts against Nonconformists as prevented their assembling for religious worship according to their own forms, or otherwise restrained their religious liberty, on condition of their taking the oaths of allegiance and supremacy, and subscribing a declaration against transubstantiation; and in the case of dissenting ministers, subscribing also to certain of the Thirty-nine Articles. So much of the Toleration Act as excepted persons denying the Trinity from its benefits, and so much of the Blasphemy Act of William III as related to persons who 'deny any one of the Three Persons in the Holy Trinity to be God,' were repealed in 1813 by 53 Geo. 3, c. 160. See the case of Lady Hewley's Charities, Shore v. Wilson, (1842) 9 Cl&Fin 355, and the Act was repealed, save for some minor ...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Absolute-priority rule
Absolute-priority rule, is a rule that a confirmable reorganization plan must provide for full payment to a class of dissenting unsecured creditor before a junior class of claimants will be allowed to receive or retain anything under the plan, Black Law Dictionary, 7th Edn., p. 7....
Schism Bill
Schism Bill, the name of an Act passed in the reign of Queen Anne, which restrained Protestant dissenters from educating their own children, and forbade all tutors and schoolmasters to be present at any conventicle or dissenting place of worship. The Queen died on the day when this Act was to have taken effect (August 1, 1714), and it was repealed in the firth year of Geo. I....
Churchwardens
Churchwardens, anciently styled Church Reeves or Ecclesi' Guardiani, the guardians or keepers of the church, and representatives of the body of the parish; but though in some sort ecclesiastical officers, they are always lay persons. They are a quasi corporation for certain purpose, Withnell v. Gartham, (1795) 6 TR 388 (396), and in the City of London they are a corporation for the purpose of holding lands; but beyond that they are only annual officers, Fell v. Official Trustee of Charity Lands, 1898 (2) Ch 59. They are sometimes appointed by the minister, sometimes by the Vestry and Parochial Church Meeting sitting together (see 11 & 12 Geo. 5 No. 1, s. 13), sometimes by the minister and the meeting together, sometimes one by the minister and another by the meeting, as custom directs. Where there is no custom the election must be according to Canon 89 and s. 13 above, under which they must be chosen by the joint consent of the minister and the meeting, and if they cannot agree, then t...
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