Impeach - Law Dictionary Search Results
Home Dictionary Name: impeach Page: 2 Page 2 of about 54 results ( seconds)Waste
Waste [fr. vastum, Lat.], any spoil or destruction in houses, gardens, trees, etc., by a tenant; as to what acts amount to waste, see Co. Litt. 53 a. It is either (1) legal, sub-divided into (a) voluntary or commissive, as where the tenant pulls down a house or a part thereof, or ploughs up ancient meadow, and (b) permissive or omissive, as where a tenant suffers a house to fall out of repair; or (2) equitable, which comprehends acts not deemed waste at Common Law. Both for voluntary and permissive waste an action lies against a tenant, whether for life or years, by virtue of the statute of Gloucester, 6 Edw. 1, c. 5. A tenant from year to year is liable for voluntary waste only. An injunction will be granted to restrain voluntary waste, as by ploughing up ancient meadow. See Woodfall, L. & T., and Aggs on Agricultural Holdings. A mortgagor in possession will be restrained from cutting down timber, for as the whole estate is the security for the money advanced, the mortgagor ought not ...
Pardon
Pardon, forgiveness of a crime; remission of punis-hment.The pardoning of criminals is the peculiar preroga-tive of the sovereign. See 4 Steph. Com., 7th Edn.The sovereign may pardon all offences merely against the Crown and the public, excepting: (1) That to preserve the liberty of the subject, the committing any man to prison out of the realm is, by the Habeas Corpus Act (31 Car. 2, c. 2), made a pr'munire (see that title), unpardonable even by the Crown; and (2) that the sovereign cannot pardon where private justice is principally concerned in the prosecution of offenders--'non potest rex gratiam facere cum injuria et damno aliorum.'Neither at Common Law could the sovereign pardon an offence against a penal statute after information brought; for thereby the informer had acquired private property in his part of the penalty. But the Remission of Penalties Act, 1859, enables the Crown to remit penalties for offences, although payable to parties other than the Crown; and a special power...
Being under sentence of life imprisonment
Being under sentence of life imprisonment, means it would be limited to a sentence which has become final, absolute and indivisible so far as judicial process is concerned. In a broad sense, it may also include a sentence which has not become final, but is being impeached or is still liable to be impeached by way of appeal or revision or other mode known to law, Dilip Kumar Sharma v. State of Madhya Pradesh, AIR 1976 SC 133: (1976) 2 SCR 289: (1976) 1 SCC 560. [Penal Code (45 of 1860), s. 303]...
Antecedent debt
Antecedent debt, means antecedent in fact as well as in time, that is to say, that the debt must be truly independent of and not part of the transactions impeached. The debt may be a debt incurred in connection with a trade started by the father, V. Prasad v. Govindswami Mudaliar, (1982) 1 SCC 185 (203): AIR 1982 SC 84.Antecedent debt in this context means a debt antecedent in fact as well as in time, i.e., the debt must be truly independent and not part of the mortgage which is impeached. In other words, the prior debt must be independent of the debt for which the mortgage is created and the two transaction must be dissociated in fact so that they cannot be regarded as part of the same transaction, Virdhachalam Pillai v. Chaldean Syrian Bank Ltd, 1964 SC 1425: AIR (1964) 5 SCR 647....
rehabilitate
rehabilitate -tat·ed -tat·ing 1 : to restore to a former capacity ;specif : to restore credibility to (a witness or testimony) [the State simply brought out all of the prior statements to qualify or explain the inconsistency and to the witness "People v. Page, 550 N.E.2d 248 (1990)"] compare impeach NOTE: A witness whose trial testimony is inconsistent with his or her pretrial usually sworn statements is considered impeached. Such a witness may be rehabilitated usually on redirect examination. There are various state and federal evidentiary rules governing what evidence (as character evidence) is admissible to rehabilitate a witness. 2 a : to restore to a former state (as of good repair or solvency) [if the debtor wishes to liquidate rather than reorganize or the farming operation "J. H. Williamson"] b : to restore (as a convicted criminal defendant) to a useful and constructive place in society through therapy, job training, and other counseling re·ha·bil...
Mansfield rule
Mansfield rule often cap R [after William Murray, first Earl of Mansfield (1705-1793), British jurist who set forth the rule] : a rule that a juror's affidavit or testimony as to juror misconduct during deliberations may not be used to impeach the verdict ...
Levitical degrees
Levitical degrees, degrees of kindred within which persons are prohibited to marry. They are set forth in the eighteenth chapter of Leviticus. By 32 Hen. 8, c. 38, it is declared that all persons may lawfully marry, but such as are prohibited by God's law; and it is declared by the same statute, that 'no reservation or prohibition (God's law except) shall trouble or impeach any marriage without the Levitical degrees.' See MARRIAGE....
moral turpitude
moral turpitude 1 : an act or behavior that gravely violates the sentiment or accepted standard of the community 2 : a quality of dishonesty or other immorality that is determined by a court to be present in the commission of a criminal offense [a crime involving moral turpitude] compare malum in se NOTE: Whether a criminal offense involves moral turpitude is an important determination in deportation, disbarment, and other disciplinary hearings. Past crimes involving moral turpitude usually may also be introduced as evidence to impeach testimony. Theft, perjury, vice crimes, bigamy, and rape have generally been found to involve moral turpitude, while liquor law violations and disorderly conduct generally have not. ...
prior inconsistent statement
prior inconsistent statement : a witness's statement made out of court prior to testifying that is inconsistent with the witness's testimony and that may be offered to impeach the witness's credibility compare prior consistent statement NOTE: If a prior inconsistent statement was made under oath subject to the penalties of perjury at a previous proceeding (as a deposition or grand jury hearing), the statement is not hearsay under Federal Rule of Evidence 801(d)(1) and may be offered to prove that what was asserted in the statement is true. ...
Impechiare
Impechiare, to impeach, to accuse, or prosecute for felony or treason...
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