Ex Parte - Law Dictionary Search Results
Home Dictionary Name: ex parteex parte
ex parte [Medieval Latin, on behalf (of)] : on behalf of or involving only one party to a legal matter and in the absence of and usually without notice to the other party [an ex parte motion] [relief granted ex parte] used in citations to indicate the party seeking judicial relief in a case [Ex Parte Jones, 7 U.S. 2 (1866)] compare in re, inter partes ...
Tutius semper est errare acquietando quam in puniendo, ex parte misericordia quam ex parte justitia
Tutius semper est errare acquietando quam in puniendo, ex parte misericordia quam ex parte justitia (H.H. P.C. 290), it is always safer to err in acquitting than in punishing: on the side of mercy, then of strict justice....
Waring, Ex parte, Rule of
Waring, Ex parte, Rule of. The principle established in Ex parte Waring, (1815) 19 Ves. 345, that securities held by the acceptor of a bill against his acceptances are available to the bill-holders if both acceptor and drawer are insolvent, even though the bill-holders had no knowledge that the securities had been appropriated for the purpose....
Ex parte
Upon or from one side only one sided partial as an ex parte statement...
Ex parte
Ex parte [Latin from the Part], on or from one party only, usu. without notice to or argument from the adverse party, Black's Law Dictionary, 7th Edn....
Tutius erratur ex parte mitiori
Tutius erratur ex parte mitiori, it is safer to err on the side of mercy....
Ex parte talis
Ex parte talis, a writ that lay for a bailiff or receiver, who, having auditors appointed to take his accounts, cannot obtain of them reasonable allowance, but is case into prison.-Fitz. N.B. 129....
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...
order
order 1 : a state of peace, freedom from unruly behavior, and respect for law and proper authority [maintain law and ] 2 : an established mode or state of procedure [a call to ] 3 a : a mandate from a superior authority see also executive order b : a ruling or command made by a competent administrative authority ;specif : one resulting from administrative adjudication and subject to judicial review and enforcement [an administrative may not be inconsistent with the Constitution "Wells v. State, 654 So. 2d 145 (1995)"] c : an authoritative command issued by the court [violated a court and was jailed for contempt] cease-and-de·sist order [sēs-ənd-di-zist-, -sist-] : an order from a court or quasi-judicial tribunal to stop engaging in a particular activity or practice (as an unfair labor practice) compare injunction, mandamus, stay consent order : an agreement of litigating parties that by consent takes the form of a court order final order : an order of a court...
Hire-purchase system
Hire-purchase system. A system whereby the owner of goods lets them on hire for periodic payments by the hirer upon an agreement that when a certain number of payments have been completed, the absolute property in the goods will pass to the hirer, but so that the hirer may return the goods at any time without any obligation to pay any balance of rent accruing after return, until the conditions have been fulfilled, the property remains in the owner. The instrument by which the hire-purchase is effected does not ordinarily require registration under the Bills of Sale Acts [Ex parte Crawcour, (1878) 9 Ch D 419]; and the hirer is 'reputed owner' within the Bankruptcy Act [Ex parte Brooks, (1993) 23 Ch D 261]; but the hirer does not 'agree to buy' within the Factors Act or Sale of Goods Act so as to be able to sell or pledge the goods as if he were a 'mercantile agent', Helby v. Matthews, 1895 AC 471; Brooks v. Biernstein, (1909) 1 KB 98. Distinguish from agreements such as in Lee v. Butler...
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