Law Clerk - Law Dictionary Search Results
Home Dictionary Name: law clerk Page: 2Libel
Libel [fr. libellus, Lat.; libelle, Fr.]. False defamatory words, if written and published, constitute a libel: Odgers on libel, p. 1. 'Everything printed or written, which reflects on the character of another, and is published without lawful justification or excuse, is a libel whatever the intention may have been', O'Brien v. Clement, (1846) 15 M & W 435, per Parke, B. A statement in a talking film is a libel and not merely a slander, Yossopoff v. Metro-Goldwyn-Mayer Picture Corporation, 78 Sol Jo 617. As to publication by dictation, etc., to a typist, see Osborn v. Boulter & Son, (1930) 2 KB 226. All contumelious matter that tends to degrade a man in the opinion of his neighbours, or to make him ridiculous, will amount (when conveyed in writing, or by picture, effigy, or the like, Monson v. Tussauds, Ltd., (1894)1 QB 671, to libel. A writing of fictitious character which incidentally contains the name of a real person may be a libel: see Jones v. Hulton & Co., 1910 AC 20, where Lord ...
Case, action on the
Case, action on the. The action on the case lay where a party sued for damages for any wrong or cause of complaint (such as negligence, or breach of contract not under seal) to which covenant or trespass did not apply. Statutory sanction was obtained for this form of action under the Statute of Westminster 2 (13 Edw. 1, c. 24), which regulated and limited the increasing practice of framing new writs by officers of the Crown and empowered the Clerks in Chancery to frame new writs in consimili casu with writs then in existence, see Pollock on Torts and Law Quarterly Review, Vol. 52, p. 68. Under the statutory sanction many new writs which were analogous to the writ of trespass, or in consimili casu with that action, were invented and issued under the appellation of 'trespass on the case' (brevia 'de transgressione super casum') as being founded on the particular circumstances of the case thus requiring a remedy, and to distinguish them from the old writ of trespass; and the injuries them...
Forcible entry
Forcible entry is the entering upon any land or tenement with a strong hand, or in a violent manner, in order to take possession. There may be a forcible entry although no actual force is used, as, for example, when threats are made or an unusual number of persons collected. Forcible entry was permissible at Common Law in certain cases, e.g., when the rightful owner had been wrongfully deprived of possession, but it was absolutely pro-hibited by the Statutes of Forcible Entry (5 Rich. 2, c. 7; 15 Rich. 2, c. 2; 8 Hen. 6, c. 9), which make forcible entries punishable with imprisonment. The first of these statues provides that 'none shall make entry into any lands or tenements, but in case where entry is given bylaw, and in such case not with strong hand nor with multitude of people, but only in a peaceable and easy manner.' A forcible entry by a person entitled to possession, though indictable, does not give rise to civil responsibility in damages. See Hemmings v. Stoke Poges Golf Club,...
Maxim
Maxim [fr. maximum Lat.], an axiom; a general principle; a leading truth so called, says Coke, quia maxima est ejus dignitas et certissima auctoritas, atque quod maxime omnibus probetur, 1 Inst. 11.Modern opinion, however, does not rate maxims so highly, and Lord Esher, M.R., in Yarmouth v. France, (1887) 19 QBD 653, in connection with Volenti non fit injuria, went so far as to say that they are almost in variably misleading, and for the most part so large and general in their language that they always include something which really is not intended to be included in them. Similarly, the late Mr. Justice Stephen (Hist. Crim. Law, 94) wrote:-'They are rather minims than maxims, for they give not a particularly great, but a particularly small, amount of information. As often as not the exceptions and qualifications are more important than the so-called rules'--which, while they mostly bad abstracts of it. A contrary view, however, is given in a lecture by Mr. H.F. Manistry, K.C., on 'The ...
Church Discipline Act (English)
Church Discipline Act (English), 1840 (3 & 4 Vict. c. 86) (repealing 1 Hen. 7, c. 4), under which 'it shall be lawful for' the bishop of the diocese (but not obligatory on him: see Julius v. Bishop of Oxford, (1880) 5 App Cas 214) on the application of any party complaining to proceed against any clerk in holy orders 'charged with offence against the laws ecclesiastical or concerning whom there may exist scandal or offence against the said laws' (whether concerning doctrine, see Voysey v. Noble, (1870) LR 3 PC 357; Bishop of St. Albans v. Fillingham, 1906 p. 163), ritual or moral misconduct), first by inquiry before commissioners nominated by the bishop, and then if the commissioners report that there is a prima facie case against him, by inquiry before the bishop with assessors, with an ultimate appeal to the Judicial Committee of the Privy Council, Bishop of Lincoln v. Wakefield, 1921 AC 813. The Act is repealed and superseded as to offences against morality by the Clergy Discipline ...
Paper Book
Paper Book, the issues in law, etc., upon special pleadings, formerly made up by the clerk of the papers, who was an officer for that purpose, but latterly by the plaintiff's attorney or agent. See Jac. Law Dict.; 3 Bl. Com. 317.Any party who enters an action for trial must deliver to the officer of the court two copies of the whole of the pleadings, one for the use of the judge at the trial [(English) R.S.C. 1883, Ord. XXXVI., r. 30]....
Collatione heremitagii
Collatione heremitagii, a writ whereby the King conferred the keeping of a hermitage upon a clerk, Cum. Law Dict.; Reg. Brev. 303, 308....
case management
case management techniques used to process cases from one stage of the proceeding to another, such as setting deadlines for discovery or scheduling a series of pretrial conferences. Case management calls for different approaches from one case to the next and is the primary responsibility of judges, assisted by lawyers and clerks' office personnel. Source: Federal Judicial Center ...
Impeditor
Impeditor, means a person who interferes with a patron's right of advowson, i.e., the right to appoint a clerk to a benefice, Black's Law Dictionary, 7th Edn., p. 756....
Superintendent Registrar
Superintendent Registrar, an officer who superin-tends the registers of births, deaths, and marriages. There was one in every poor law union in England and Wales. The office was filled as of right by the clerk to the guardians of the union, if he was duly qualified and accepted it. He is now a salaried officer in every registration district, with a registrar in every approved sub-district appointed by the local authority (replacing the guardians); the authorities are county and county boroughs, and, in London, common council, and metropolitan borough councils [(English) Loc. Gov. Act, 1929 (19 & 20 Geo. 5, c. 17)]. They were under the super-vision of the Registrar-General and (now) of the Ministry of Health. See Births and Deaths Registration Acts, 1836 to 1929....
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