Fact Finding - Law Dictionary Search Results
arbitrary
arrest and detention] 3 a : based on preference, bias, prejudice, or convenience rather than on reason or fact [an standard] [different provisions for the married and the unmarried were irrational and "K. A. Cohen"] b : … will without regard for facts or applicable law often used in the phrase arbitrary and capricious [an agency finding or conclusion of lack of evidence would be and capricious if the record afforded no substantial basis for
Inquisition
the jury find to have been guilty of such murder or manslaughter, or of being accessories before the fact to such murder.' The inquisition must be signed by the jurors. A form is given in the Third … Inquisition, inquiry, inquest; the finding of a tribunal charged to inquire. The three best known inquisitions are:- 1. A coroner's inquisition, which is
Judicial decision
Judicial decision, a judicial decision is merely a decision which is in fact exercised by the courts in accordance with strict legal procedure, whereas a quasi-judicial decision is given by an … of legal argument by the parties, and (4) A decision which disposes of the whole matter by a finding upon the facts in dispute and application of the law of the land to the facts so found,
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Open verdict
A verdict on a preliminary investigation finding the fact of a crime but not stating the criminal or finding the fact of a violent death without disclosing
Mixed questions of law and fact
Matched in: Term Mixed questions of law and fact
Reasonable and probable cause
a reasonable and probable cause is a question of law, not fact, but the judge may leave that finding to the jury in some cases, McDonald v. Rooke, (1835) 2 Bing (NC) 217. See Addison on Torts; … and its existence is a defence to an action for false imprisonment. After the jury have found the facts, the question whether the facts show a reasonable and probable cause is a question of law, not fact,
damage
additur, cover, mitigate, remittitur compare declaratory judgment at judgment, injunction specific performance at performance NOTE: The trier of fact determines the amount of damages to be awarded to the prevailing party. More than one type of damages … : damages awarded in an amount that is three times the amount for which the trier of fact finds the wrongdoer liable NOTE: Treble damages are recoverable where authorized by statute and are usually imposed as a
error
issue on appeal. clear error : an error made by a judge in his or her findings of fact which is such that it leaves the reviewing court with the firm and definite conviction that a mistake … done [procedural s] ;esp : a mistake made by a lower court in conducting judicial proceedings or making findings in a case [to compel to conclusion that a manifest has been done "Moses v. Burgin, 445 F.2d
Direction to consider the case
or without expressing any view, the authority has to consider the matter in accordance with law and in facts and circumstance of case as its power not being circumscribed by any observations or finding of court; A.P.S.R.T.C.
conclusion of law
conclusion of law :the court's statement of the law applicable to a case in view of facts found to be true : the judgment required by law when applied to the facts called also finding
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