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Judicial Decision - Law Dictionary Search Results

Home Dictionary Name: judicial decision Page: 8

due process

due process 1 : a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles called also procedural due process 2 : a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual called also substantive due process NOTE: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states “no person shall…be deprived of life, liberty, or property, without due process of law,” and in the Fourteenth Amendment, which states “nor shall any state deprive any person of life, liberty, or property without due process of law.” The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior t...


action

action [Latin actio legal proceeding, from agere to do, carry out, initiate legal proceedings] 1 a : a judicial proceeding for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense compare special proceeding at proceeding b : the right to bring or maintain such a legal or judicial proceeding 2 : an act or decision by an executive or legislative body of a government (as an administrative agency) or of an organization (as a Board of Directors) [the power of courts to invalidate statutes and executive s "R. H. Bork"] 3 : a voluntary act of will that manifests itself externally : a mode of conduct ...


court of appeals

court of appeals often cap C&A : a court hearing appeals from the decisions of lower courts: as a : an intermediate court of the U.S. federal judicial system b : a state appellate court called also court of appeal see also the Judicial System in the back matter NOTE: Not all of the states have intermediate-level courts but of those that do, many are called the Court of Appeals or, in California and Louisiana, the Court of Appeal. In Hawaii, such a court is called the Intermediate Court of Appeals. In some states, appeals are divided between a court of criminal appeals and a court of civil appeals. In the District of Columbia, Maryland, and New York the court of last resort is called the Court of Appeals, and the intermediate court in Maryland is called the Court of Special Appeals. In West Virginia the court of last resort is called the Supreme Court of Appeals. In England the Court of Appeal is a division of the Supreme Court of Judicature. ...


Back pay award

Back pay award, means a judicial or quasi-judicial body's decision that an employee or ex-employee is entitled to accrued by uncollected wages or benefits, Black Law Dictionary, 7th Edn., p. 133....


Claim for judicial review

Claim for judicial review, means a claim to review the lawfulness of (1) an enactment; or (2) a decision, action or failure to act in relation to the exercise of a public function Civil Procedure (Amendment No. 4) Rules, 2000, 54.1 (2) UK, Halsbury's Laws of England, Vol. 1(1), para 159, p. 302....


Held

Held, the word 'held' means possession of legal and does not require actual connected occupation, Jilubhai Nanbhai Khadhar v. State of Gujarat, 1995 Supp (1) SCC 596; AIR 1995 SC 142.The word 'held' in s. 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 means 'lawfully held'. Judicial propriety requires that if a bench of a High Court is unable to agree with the decision already rendered by another co-ordinate bench of the same High Court, the question should be referred to a larger bench, Budhan Singh v. Nabi Bux, AIR 1970 SC 1880 (1884): (1969) 2 SCC 481: (1970) 2 SCR 10.The expression 'held' occurring in s. 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 can be construed to mean 'lawfully held'. Kailash Rai v. Jai Jai Ram, AIR 1973 SC 893 (897): (1973) 1 SCC 527: (1973) 3 SCR 411 [U.P. Zamindari Abolition and Land Reforms Act (1 of 1951), s. 9]In the Unabridged Edition of The Random House Dictionary of the English Language, the word 'hold' has been inter ali...


bankruptcy judge

bankruptcy judge A judicial officer of the United States district court who is the court official with decision Source: Administrative Office of the U.S. Courts ...


inferior court

inferior court : a court that is subordinate to and whose decisions are subject to review by the highest court in a judicial system (as of a state or country) ;specif : a court having limited and specified jurisdiction rather than general jurisdiction ...


interlocutory appeal

interlocutory appeal an appeal from a nonfinal, or interlocutory, district court order, such as an injunction. An interlocutory order is issued during litigation of the case in the district court, not at the end of it. Interlocutory appeals are permitted by statute as an exception to the general policy requiring a final district court decision or order before an appeal is permitted. Source: Federal Judicial Center ...


Dewanny Adawlut

Dewanny Adawlut, a Court for trying revenue and other civil causes, Indian. The 'Sudder Dewanny Adawlut' (corrupted from Sadr-Divani-Adalat) is the Court of Final Decision for each Presidency in India, from which there is an appeal to the Judicial Committee of the Privy Council in England....



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