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Libel - Law Dictionary Search Results

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Trial

Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...


Volenti non fit injuria

Volenti non fit injuria. Plow. 501.-(Where the sufferer is willing no injury is done.) See this maxim criticized by Lord Esher in Yarmouth v. France, (1887) 19 QBD at p. 653, and by Lord Watson in Smith v. Baker, 1891, AC (355). The question is one for the jury, Dublin, etc., Railway Co. v. Slattery, (1878) 3 App Cas 1155. For a recent application of the maxim, see Herd v. Weardale, etc., Co., 195, AC 67.Consent or 'leave and licence' may be said to be a defence in actions of tort or prosecutions (see Archbold, Cr. Pr.), where the consent is to the specific injury or act, unless the act amounts to the infliction of a serious physical injury or where the rights of the public as well as the individual sustaining harm have intervened. The public are interested in preventing one of their number from grievous bodily harm and from exhibitions which alarm the public conscience, such as prize-fights without gloves, duels, etc., and see LIBEL.The maxim has also been invoked in cases where the p...


Welcher

Welcher, a person who receives money which has been deposited to abide the event of a race, and who has a predetermined intention to keep the money, and not to part with it in any event: see Blackman v. Bryant, (1872) 27 LT 491, where, in an action of slander, the word was held not actionable without proof of special damage; but see Williams v. Magyer, Times, 1st March, 1883; Odgers on Libel, p. 49....


Famosus libellus

Famosus libellus, an infamous libel....


Heresy

Heresy [fr. Gk.], according to Blackstone, consists not in a total denial of Christianity, but in a public and obstinate denial of any of its principal doctrines publicly and obstinately avowed. The 1 Eliz. c. 1 repealed all former statutes relating to heresy, leaving the jurisdiction in cases of heresy as it stood at Common Law; that is, it left the simple offence to be visited by spiritual punishment in the Ecclesiastical Courts, which courts have long since ceased to exercise jurisdiction over laymen. Heresy in the clergy is punishable under the Church Discipline Act as an offence against the laws ecclesiastical, see Noble v. Voysey, (1871) LR 3 PC 357, in which the Rev. Charles Voysey was deprived of his benefice for contradicting many doctrines set forth in the Thirty-nine Articles (see that title). See also APOSTASY; H'RETICO COMBURENDO, DE. Consult Odgers on Libel, 5th Edn. P. 486.Opinion or doctrine contrary to (usu. catholic) church dogma, Black's Law Dictionary, 7th Edn., p. ...


Blasphemy

Blasphemy [fr. bl'ptw, Gk., to hurt, and fhmh, reputation; blasfhmw', to speak impiously; blasphemo, Lat., to revile, Wedgw.], an offence against God and religion, by denying to the Almighty His Being and Providence, or by contumelious reproaches of our Saviour Christ. Also, all profane scoffing at the Holy Scripture, and exposing it to contempt and ridicule. It is an indictable misdemeanour at Common Law, see Reg. v. Ramsay & Foote, (1993) 15 Cox, CC 231.In case an offender has been educated in or at any time made profession of Christianity, the statute 9 & 10 Wm. 3, c. 32 (c. 35 in the Revised Statutes), Chitty's Statutes, tit. 'Criminal Law (Offences against Peace, etc.), commonly called 'The Blasphemy Act,' though it is only directed against apostasy, but is cumulative upon the common law, R. v. Carlile, (1819) 3 B. & Ald. 167, very severely punishes any person 'who shall by writing printing teaching or advised speaking, deny the Christian religion to be true, or the Holy Scripture...


County Courts

County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...


Calumniate

To accuse falsely and maliciously of a crime or offense or of something disreputable to slander to libel...


damage

damage [Old French, from dam injury, harm, from Latin damnum financial loss, fine] 1 : loss or harm resulting from injury to person, property, or reputation 2 pl : the money awarded to a party in a civil suit as reparation for the loss or injury for which another is liable see also additur, cover, mitigate, remittitur compare declaratory judgment at judgment, injunction specific performance at performance NOTE: The trier of fact determines the amount of damages to be awarded to the prevailing party. More than one type of damages may be awarded for a single injury. actual damages : damages deemed to compensate the injured party for losses sustained as a direct result of the injury suffered called also compensatory damages consequential damages : special damages in this entry direct damages : damages for a loss that is an immediate, natural, and foreseeable result of the wrongful act compare special damages in this entry ex·em·pla·ry damages [ig-zem-plə-r...


defamation

defamation 1 : communication to third parties of false statements about a person that injure the reputation of or deter others from associating with that person see also libel, slander New York Times Co. v. Sullivan in the Important Cases section compare disparagement, false light, slander of title 2 : a defamatory communication [every repetition of the is a publication "W. L. Prosser and W. P. Keeton"] ...



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