Facts In Issue - Law Dictionary Search Results
judgment
party's motion when the pleadings, discovery, and any affidavits show that there is no genuine issue of material fact and that the party is entitled to judgment in its favor as a matter of law NOTE: According
factual
factual 1 : of or relating to facts [ issues] 2 : restricted to or based on fact fac·tu·al·i·ty [fak-chə-wa-lə-tē] n fac·tu·al·ly adv fac·tu·al·ness n … factual 1 : of or relating to facts [ issues] 2 : restricted to or based on fact fac·tu·al·i·ty [fak-chə-wa-lə-tē] n fac·tu·al·ly adv fac·tu·al·ness n
Hereditaments
his heir can inherit it from him. The two kinds of hereditaments are corporeal, which are tangible (in fact, they mean the same thing as land), and incorporeal, which are not tangible, and are the rights and … thing as land), and incorporeal, which are not tangible, and are the rights and profits annexed to, or issuing out of, land. It includes money held in trust to be laid out in land [Re Gosselin, (1906)
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Bias
may be defined as a pre-conceived opinion or a pre-disposition or pre-determination to decide a case or an issue in a particular manner, so much so that such pre-disposition does not leave the mind open to conviction. … ill-will. There must be cogent evidence available on record to come to the conclusion as to whether in fact there was existing a bias which resulted in the miscarriage of justice, Kumaon Mandal Vikas Nigam Ltd. v.
Question of limitation
and the suit does not appear to be barred by limitation on the face of it, then the facts necessary to prove limitation must be pleaded, an issue raised and then proved, Narne Rama Murthy v. Ravula
Restitution, Writ of
over, the writ of restitution issued without any previous scire facias quare restitutionem non, suggesting the matter of fact, viz., the sum levied, etc., must have previously issued. Error is now abolished (Jud. Act, 1875, Ord. LVIII., … execution on the former judgment had been actually executed, and the money paid over, the writ of restitution issued without any previous scire facias quare restitutionem non, suggesting the matter of fact, viz., the sum levied, etc.,
Right to begin
Right to begin. If the affirmative of the issue is on the plaintiff, he, in general, has a right to begin. If in replevin the defendant avow … be considered as the substance and effect of it, and the judge will consider what is the substantial fact to be made out, and on whom it lies to make it out. And it seems that, as
petit jury
petit jury : a jury of twelve persons that is impaneled to try and to decide the facts at issue in a trial compare grand jury
Obiter dictum
which is either not necessary for the decision of the case or does not relate to the material facts in issue, K. Jayarama Iyer v. State of Hyderabad, AIR 1954 Hyd 56. It is a remark made or opinion
trial court
trial court : the court before which issues of fact and law are tried and first determined as distinguished from an appellate court … trial court : the court before which issues of fact and law are tried and first determined as distinguished from an appellate court
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