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Rules of Court

Rules of Court, orders regulating the practice of the Courts; or orders made between parties to an action or suit.(1) General rules regulating the practice of the Courts, both of Common Law and Equity, have from time to time been made by the Courts in pursuance of the powers of various Acts of Parliament. See as to the Common Law Courts, which promulgated consecutive Rules without any division into Orders, Day's Common Law Procedure Acts; and as to the Court of Chancery, which promulgated Orders subdivided into Rules, Morgan's Chancery Acts and Orders. The scheme of the Chancery Procedure Acts was that the Orders made thereunder should come into force as soon as made, subject to the power of Parliament to annul them afterwards (see, e.g., Chancery Procedure Act, 1858, s. 12), while that of the Common Law Procedure Acts, was that Rules made thereunder should not come into force until they had lain before Parliament for three months (see 13 & 14 Vict. c. 16, and Common Law Procedure Act,...


General Sessions Court

General Sessions Court : a court sitting in each county seat in Tennessee and having limited jurisdiction over civil matters and some minor criminal matters ...


Juvenile Courts

Juvenile Courts. These courts first received statutory recognition by the (English) Children Act, 1908 (8 Edw. 7, c. 67).These are now governed by ss. 45 to 49 of the Children and Young Persons Act, 1933 (23 Geo. 5, c. 12). The court must 'sit either in a different building or room from that in which sittings of courts other than juvenile courts are held' [s. 47(2)]. (Children and Young Persons Act, 1933 ss. 45-49)The general public also are not admitted to these courts, but bona fide representatives of the Press cannot be excluded [s. 47 (2)]. The Second Schedule of the Act governs the constitution of these courts and in the Metropolitan Police Court District, and they are now held in buildings other than police courts, and consist of a police magistrate and two J.P.'s, one of whom must be a woman. See also Juvenile Courts (Constitution) Rules, 1933 (S.R. & O., 1933, No. 647/L. 20), and CHILDREN....


summary court-martial

summary court-martial : a court-martial consisting of one commissioned officer and having authority to impose no sentence in excess of one month's confinement or forfeiture of two-thirds of one month's pay compare general court-martial, special court-martial ...


special court-martial

special court-martial : a court-martial that consists of at least three officers, a trial judge advocate, and a defense counsel and that has authority to impose a limited sentence and hear only noncapital cases compare general court-martial, summary court-martial ...


Oyer and Terminer, Courts of, and General Gaol Delivery

Oyer and Terminer, Courts of, and General Gaol Delivery. See ASSIZES....


Vexatious action

Vexatious action. The High Court has an inherent power to stay any action brought merely for the sake of annoyance or oppression, see Lawrance v. Norreys, (1890) 15 App Cas 210; Haggard v. Pelicier Freres, 1892, AC 61; see also R.S.C. Ord. XXV., r. 4; and the (English) Judic. Act, 1925, s. 5, replacing the (English) Vexatious Actions Act, 1896 (59 & 60 Vict. c. 51), gives special power to the court if satisfied, on the application of the Attorney-General, that any person has habitually and persistently instituted vexatious proceedings in any Court to order that no proceedings shall be instituted by that person in any court without the leave of the Court or some judge thereof. See also the Vexatious Actions (Scotland) Act, 1898 (61 & 62 Vict. c. 35). An order dismissing an action as frivolous and vexatious is an interlocutory order, Re Page, (1910) 1 Ch 489....


Justiciary, High Court of

Justiciary, High Court of, the supreme Criminal Court of Scotland, consists of the Lord Justice General, the Lord Justice Clerk, and the other Judges of the Court of Session who are exofficio Lords Commissioners of Justiciary. It has jurisdic-tion in all cases of crime committed in Scotland or in a British ship at sea. It sits in Edinburgh, and, on circuit, at various other places. It has certain appellate jurisdiction, the principal of which is that provided for by the Criminal Appeal (Scotland) Act, 1926 (16 & 17 Geo. 5, c. 15) (see CRIMINAL APPEAL). When exercising this jurisdiction, three Lords Commissioners are a quorum....


Profert in curi'

Profert in curi' (he produces in court). Where either party alleged any deed, he was generally obliged, by a rule of pleading, to make profert of such deed; that is, to produce it in Court simultaneously with the pleading in which it was alleged. This, in the days of oral pleading, was of course an actual production in court. Since then it consisted of a formal allegation that he showed the deed in Court, it being, in fact, retained in his own custody. See OYER. Abolished by C.L.P. Act, 1852, s. 55....


District Judge

District Judge, includes, among other, an additional district judge, State of West Bengal v. Nripendranath Bagchi AIR 1966 SC 447: (1966) 1 SCR 771.See State of Assam v. Kuseswar Saikia, AIR 1970 SC 1616.District Judge shall mean the Judge of a principal Civil Court of original Jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction. [General Clauses Act, 1897, s. 3(17)]--Means the Judge of a principal civil court of original jurisdiction. [Succession Act, 1925 (39 of 1925), s. 2(bb)]...



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