Judge Made Law - Law Dictionary Search Results
Home Dictionary Name: judge made lawJudge made law
Judge made law, there is in fact no such thing as Judge-made law, for the judges to not make the law, they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable, State of Gujarat v. Gordhandas Keshavji Gandhi, AIR 1962 Guj 128....
Judge made
Created by judges or judicial decision applied esp to law applied or established by the judicial interpretation of statutes so as extend or restrict their scope as to meet new cases to provide new or better remedies etc and often used opprobriously of acts of judicial interpretation considered as doing this Judge made law is contrasted with statutory law and civil law...
Common Law
Common Law [lex communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior ' Courts of law at Westminster, as distinct from that administered by the Court of Chancery at Lincoln's Inn. At other times it is used in contradistinction to the statute law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statute law. It depends for its authority upon the recognition given by our Law Courts to principles, customs, and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners and suitors in the Courts; it is now recorded in the voluminous series of our law reports which embody the d...
Juristics
Juristics, a term for legal thoughts and ideas emanating from minds well versed in law. 'Natural justice is no mystic testament of judge-made juristics....' [Mohinder Singh v. Election Commissioner, AIR 1978 SC 851 (855), para 3]. (Justice V.R. Krishna Iyer)...
Special case
Special case. By (English) R.S.C. 1883, Ord. XXXIV., the parties may, after writ issued, concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court, and 'if it appear to the Court or a judge that there is in any action a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or an arbitrator, the Court or judge may make an ordr accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case, or in such other manner as the Court or judge may deem expedient.' Similar power is given to referees to state a case by Ord. XXXVI., r. 52, and see the (English) Administration of Justice Act, 1932 (22 & 23 Geo. 5, c. 55). As to special case before the Judicature Acts, see (English) C.L.P. Act, 1852, ss. 42-48, and 13 & 14 Vict. c. 35 [(English) Turner's Act]. Where ...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
judge-made
judge-made : created by judges or judicial decision used esp. of law established by due judicial interpretation of statutes ...
Bracton
Bracton, the author of the Latin treatise entitled De Legibus et Consuetudinibus Angli'. He lived at the latter end of the reign of Henry the Third. Bracton's book, compared with that of Glanville, is a voluminous work. It is divided into five books, and these into tracts and chapters. See 2 Reeves' Hist. c. viii. 86, note (a), for an analysis of the several divisions of the chapters and a complete digest of the contents of this venerable code. The rules of property are explained; the proceedings in actions, through the minutest steps, are investigated and developed; while every proposition is supported by fair deduction, or corroborated by the authority of some adjudged case, so that the reader never fails in deriving instruction or amusement from the study of this scientific treatise on our ancient laws and customs. Bracton was deservedly looked up to as the first source of legal knowledge, even down to the time of Sir Edward Coke, who seems to have made this author his guide in all ...
Misdirection
Misdirection, an error in law made by a judge in charging a jury. See R.S.C. Ord. XXXIX., and NEW TRIAL.--is something which a judge in his charge tells the jury and is wrong or in a wrong manner tending to mislead them. Even an omission to mention matters which are essential to the prosecution for the defence case in order to help the jury to come to a correct verdict may also in certain circumstances amount to a misdirection. But, in either case, every misdirection or non-direction is not in itself sufficient to set aside a verdict, but it must be such that it has occasioned a failure of justice, K.M. Nanavati v. State of Maharashtra, AIR 1962 SC 605 (616): 1962 Supp (1) SCR 567. (Criminal PC 1898, s. 297)...
Dictum
Dictum. An observation as to the law made by a judge in the course of a case, but not necessary to its decision, and therefore of no binding effect; often called an obiter dictum, 'a remark by the way.' Formerly also the award of an arbitrator (dictor)....
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