Justice - Law Dictionary Search Results
Home Dictionary Name: justiceJustices
Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...
Natural justice
Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...
Commutative justice and distributive justice
Commutative justice and distributive justice, Aristotle's doctrine of justice of equality is called by him commutative justice which requires at least two persons while distributive justice requires at least three. Relative equality in treating different persons while grating relief according to need, or reward and punishment according to merit and guilt is the essence of distributive justice. While in commutative justice the two persons confront each other as co-equals, there or more persons are necessary in distributive justice in which one, who imposes burdens upon or grants advantages to the others, is superior to them. 'Therefore, it presupposes an act of distributive justice which has granted to those concerned, equality to rights, equal capacity to act, equal status.' [The Legal Philosophies of Lask, Radbruch and Dabin, p. 74] According to Radbruch, 'distributive justice is the prototype of justice. In it we have found the idea of justice, toward which the concept of law must be...
Legal justice and natural justice
Legal justice and natural justice, the expression 'natural justice' and 'legal justice' do not present a water-tight classification. It is the substance of justice which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal justice from unnecessary technicality, grammatical pedantry or logical prevarication. It supplies the omissions of a formulated law, Canara Bank v. Debasis Das, AIR 2003 SC 2041 (2047): (2003) 4 SCC 557....
Administration of justice
Administration of justice, means the right with a political community by means of the physical force of the State; the State's application of the sanction of force to the rule of right, Black Law Dictionary, 7th Edn., p. 45.Administration of justice has a wide meaning and includes administration of civil as well as criminal justice. The expression 'administration of justice' is wide enough to include the 'powers and jurisdiction of all the courts including the High Courts except the Supreme Court, Jamshed N. Guzdar'v. State of Maharashtra, (2005) 2 SCC 591. [Constitution of India, List 111, Entry 11A, Schedule 7]The word 'Administration of Justice in List 111, Entry 11-A in 7th Schedule of Constitution only shows that, the Topic ' Administration of Justice can be legislated on both by Union as well as the State legislatures, Union of India v. Cadell Weaving Mills Co. (P) Ltd., (2005) 2 SCC 590.--the expression 'administration of justice' has wide amplitude covering conferment of genera...
Distributive justice
Distributive justice, 'distributive justice' is the prototype of justice. In it we have found the idea of justice, towards which the concept of law must be oriented.' Law offers and protects the conditions necessary for the life of man and his perfection. In the words of Cardozo, 'what we are seeking is not merely the justice that one receives when his rights and status are determined by the law as it is; what we are seeking is a justice to which law in its making should conform.' The sense of justice will be stable when it is firmly guided by the 'pragma' of objective and subjective interests, Gurbax Singh v. Financial Commissioner, AIR 1991 SC 435 (441): 1991 Supp (1) SCC 167....
Obstruction of justice
Obstruction of justice, means interference with the orderly administration of law and justice, as by giving false information to or withholding evidence from a police officer or prosecutor, or by harming or intimidating a witness or juror. Obstruction of justice is a crime in most jurisdictions. Also termed obstructing justice; obstructing public justice, Black's Law Dictionary, 7th Edn., p. 1105.Means the goal, to proscribe every wilful act of corruption, intimidation or force which tends in any way to distort or impede the administration of law either civil or criminal -- has been very largely attained, partly by aid of legislation. And any punishable misdeed of such a nature which is not recognised as a distinct crime, is usually called 'obstruction of justice', or 'obstructing justice, -- a common -- law misdemeanor Criminal Law Rollin M. Perkins & Ronald N. Boyce, 552 (3rd Edn., 1982)....
substantial justice
substantial justice : justice of a sufficient degree esp. to satisfy a standard of fairness ;also : justice administered according to the substance and not necessarily the form of the law [all pleadings shall be so construed as to do substantial justice "Federal Rules of Civil Procedure Rule 8(f)"] see also fair play and substantial justice ...
Backing a warrant of a justice of the peace
Backing a warrant of a justice of the peace. Formerly, where a warrant which had been granted in one jurisdiction was required to be executed in another, as where a felony had been committed in one county and the offender was lurking in another county, then, on proof of the handwriting of the justice who granted the warrant, a justice in such other county endorsed his name on the back of it, and thus gave authority to execute the warrant in such other county. See Indictable Offences Act, 1848, ss. 11-15, and later Acts. Now by the (English) Criminal Justice Act, 1925, a warrant lawfully issued by a justice of the peace may be executed anywhere in England and Wales.A warrant issued by a metropolitan police magistrate in respect of an offence committed within the metropolitan police district may be executed in England and Wales by any constable to whom it is addressed without backing (2 & 3 Vict. c. 71, s. 17). See METROPOLITAN POLICE MAGISTRATES....
Chief Justice of the Common Pleas
Chief Justice of the Common Pleas, the presiding judge in the court of Common Pleas, and afterwards in the Common Pleas Division of the High Court of Justice, and one of the ex-officio judges of the High Court of appeal (English) (Jud. Act, 1873, s. 5, and Jud. Act, 1875, s. 4). He had five (formerly four, until 31 & 32 Vict. c.125, see s. 11) puisne judge associated with him. In 1881, after the promotion of Lord Chief Justice Coleridge to the office of Lord Chief Justice of England, the office was abolished by Order in Council under s. 31 of the (English) Jud. Act, 1873, and merged in that of Lord Chief Justice of England....
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