Dist Ct - Law Dictionary Search Results
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Cyber space jurisdiction
Cyber space jurisdiction, contract with the out-of-state party alone could not establish jurisdiction. It is to court to consider electronic contract. Electronic contracts with computer data base located in the forum state are insufficient to establish personal jurisdictions, Bhrger King Corp. v. Rudze Wicz, (1985) 47 1 US 462; Preskap, Inc v. System One, Direct Access, Inc, 636 SO 2d 1351 (Fla. Dist. Ct. App. 1994); Panavision v. Toeppan, 938 F Supp 616 (C.D. Cal 1996)....
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Criminal Charge
Criminal Charge, that in determining whether proceedings for condemnation constituted a 'criminal charge' for the purpose of Article 6 of the convention the court had to consider, Regina (Mudie) v. Dover Magistrates' Ct (CA), (2003) 2 WLR 1344.The court concludes as did the chamber that the nature of the charges together with the nature and severity of the penalties, were such that the charges against the applicants constituted criminal charges with in the meaning of Article 6 of the Convention which article applied to their adjudication hear-ings, R. (Napier) v. Home Secretary (QBD), (2004) 1 WLR 3056. [Human Rights Act, 1998, Art. 6]Possesses an autonomous meaning in the European Court of Human Rights jurisprudence. It is also true that the first of the three criteria, that is the domestic classification of the proceedings, is treated as no more than a starting point, Regina (Mudie) v. Dover Magistrates' Ct, (2003) LR 1238 QB (CA)....
McNabb-Mallory rule
McNabb-Mallory rule, Criminal Procedure the doctrine that a confession is inadmissible if obtained during an reasonably long detention period between arrest and preliminary hearing. Because of the broader protections afforded under the Mioranda rule, the McNabb-Mallory rule is rarely applied in modern cases, McNabb v. United States, 318 US 332, 63 S.Ct. 608 (1943); Mallory v. United States, 354 US 449, 77 S.Ct. 1356 (1957); Black's Law Dictionary, 7th Edn., p. 994....
Suit of partition
Suit of partition, means a judgment delivered by a court in a partition suit which is followed by a preliminary decree cannot be said to be a final judgment in the suit. Proceedings which parties may take pursuant to the preliminary decree are still a part of the suit, and it is only with the passing of the final decree that the suit comes to an end, Ct. ACt Nachiappa Chettiar v. Ct. ACt Subramanian, AIR 1960 SC 307: (1960) 2 SCR 209: (1960) SCJ 416: (1960) 1 SCA 655: (1960) 1 Mad LJ (SC) 101: (1960) 1 Andh WR (SC) 101....
challenge
challenge chal·lenged chal·leng·ing 1 : to dispute esp. as being invalid or unjust [counsel challenged this interpretation] 2 : to question formally (as by a suit or motion) the legality or legal qualifications of [ the regulations] ;esp : to make a challenge to (a trier of fact) [the grounds for challenging prospective jurors "W. R. LaFave and A. W. Scott, Jr."] compare recuse n 1 : a calling into question ;esp : a questioning of validity or legality : objection [when the to the statute is in effect a of this basic assumption "Kramer v. Union Free School Dist. No. 15, 395 U.S. 621 (1969)"] see also batson challenge 2 : a request to disqualify a trier of fact (as a jury member or judge) compare recusal, strike challenge for cause : a challenge esp. of a prospective juror based on a specific and stated cause or reason challenge to the array : a challenge of an entire jury that raises objections to the selection process peremptory challenge : a challenge esp....
proceeding
proceeding 1 : a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a : an action, hearing, trial, or application before the court collateral proceeding : a proceeding that concerns an order, motion, petition, or writ deriving from or sought in relation to another proceeding (as a trial) [a collateral proceeding on a motion to have the judge in a pending trial disqualified] ;esp : one in which a collateral attack on a judgment is made [sought to avoid the effect of the judgment in a collateral proceeding after denial of a direct appeal] core proceeding : a proceeding (as one instituted by a debtor against a creditor) that is integral to the administration of a bankruptcy estate and so falls under the jurisdiction of the bankruptcy court non-core proceeding : a proceeding involving a matter that relates to a bankruptcy case but that does not arise under bankruptcy laws, that could be adjudicated i...
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