Manifest Necessity - Law Dictionary Search Results
Home Dictionary Name: manifest necessitymanifest necessity
manifest necessity : a circumstance (as an incurable pleading defect, the unavailability of an essential witness, juror misconduct, or illness of counsel) which is of such an overwhelming and unforeseeable nature that the conduct of trial or reaching of a fair result is impossible and which necessitates the declaration of a mistrial NOTE: If there is a manifest necessity for the declaration of a mistrial, the defendant may be retried without violation of the prohibition on double jeopardy. ...
jeopardy
jeopardy 1 : exposure to or imminence of death, loss, or injury 2 : the danger of conviction that an accused person is subjected to when on trial for a criminal offense see also double jeopardy NOTE: Jeopardy attaches, or comes into effect for double jeopardy purposes, when a jury is sworn in or, in a non-jury trial, when the judge begins to hear evidence. The Fifth Amendment to the U.S. Constitution forbids double jeopardy for the same offense, and this applies whether the first trial ends in acquittal, conviction, or a mistrial. If a mistrial occurs due to a manifest necessity or if a defendant appeals a conviction, however, the rule against double jeopardy does not apply. The issue of manifest necessity is determined by the trial judge and, if necessary, by an appeals court. ...
mistrial
mistrial : a trial that terminates without a verdict because of error, necessity, prejudicial misconduct, or a hung jury see also manifest necessity compare dismissal, trial de novo ...
retrial
retrial : a trial of a matter already tried NOTE: A retrial is barred by double jeopardy following a mistrial for which there was no manifest necessity. ...
Necessity, agent of
Necessity, agent of. An agent of necessity may be constituted in two ways: (1) 'Extraordinary emergencies may arise, in which a person who is an agent, may, from the very necessities of the case, be justified in assuming extraordinary powers; . . . his acts, fairly done, under such circumstances, will be binding up on his principal' (Story on Agency, 9th ed. s. 141). (2) A stranger acting without any authority may become an agent under circumstances of positive necessity. The doctrine originated in marine adventure, but has been gradually extended, see Prager v. Blatspied, (1924) 1 KB 566; see Gwillian v. Twist, (1895) 2 QB 84; Largan v. G.W.R. Co., 30 LT 173.A wife deserted by her husband has authority by law, as an agent of necessity, to pledge his credit for necessaries suitable to her station in life and for costs reasonably incurred in taking proceedings against him.A wife defending a divorce suit is not an agent of necessity as regards her costs, Arnold and Weaver v. Amari, (1928...
manifest injustice
manifest injustice : an outcome in a case that is plainly and obviously unjust [acceptance of an involuntary guilty plea constitutes manifest injustice] ...
Manifestation
The act of manifesting or disclosing or the state of being manifested discovery to the eye or to the understanding...
Manifesto, or Manifest
Manifesto, or Manifest, a public declaration made by a prince, in writing, showing his intention to begin a war or other enterprise, with the motives that induce him to it, and the reasons on which he founds his rights and pretensions, Encyc. Londin.In commercial navigation, a document signed by the master, containing a general statement of the ship and cargo, i.e., the names of the places where the goods have been laden, and the places for which they are destined, the name and tonnage of the vessel, the name of the master, and the place to which the vessel belongs, a particular description of the packages on board, marks, numbers, etc., the goods contained in them, and the name sof the shippers and consigness, as far as known. The manifest must be made out, dated, and signed by the captain, at places where the goods, or any part, are taken on board....
Voluntas donatoris in charta doni sui manifeste expressa observetur
Voluntas donatoris in charta doni sui manifeste expressa observetur (Co. Litt. 21a), the Will of the donor, manifestly expressed in his deed of gift, is to be observed...
necessity
necessity pl: -ties 1 a : the presence or pressure of circumstances that justify or compel a certain course of action ;esp : a need to respond or react to a dangerous situation by committing a criminal act b : an affirmative defense originating in common law that the defendant had to commit a criminal act because of the pressure of a situation that threatened a harm greater than that resulting from the act see also choice of evils defense at defense compare duress, undue influence 2 : something that is necessary esp. to subsistence [obligated to provide the necessities of food, clothing, and shelter] ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial