Matter In Issue - Law Dictionary Search Results
Home Dictionary Name: matter in issuematter in issue
matter in issue see matter ...
matter
matter 1 : a subject of consideration, disagreement, or litigation: as a : a legal case, dispute, or issue [a within the court's jurisdiction] often used in titles of legal proceedings [ of Doe] see also in re b : one or more facts, claims, or rights examined, disputed, asserted, proven, or determined by legal process matter in controversy 1 : matter called also matter in dispute 2 : the monetary amount involved in a case matter in issue : a matter that is in dispute as part or all of a legal issue matter of fact : a matter primarily involving proof or evidence rather than a question of law matter of form : a matter concerning form or details often of a relatively inessential nature rather than substance [a petition invalid because of a matter of form] matter of law : a matter involving or consisting of the application of law [entitled to judgment as a matter of law "National Law Journal"] matter of record : a matter (as a fact) entered on the record of a court or other o...
Res judicata
Res judicata, a final judgment already decided between the same parties or their privies on the same question by a legally constituted Court having jurisdiction is conclusive between the parties, and the issue cannot be raised again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4 M&S 21. A matter which is res judicata cannot be further gone into; but if the decision was obtained by fraud it can be set aside, Cole v. Langford, (1898) 2 QB 36. Criminal proceedings do not constitute a res judicata as regards civil proceedings arising out of the same facts, Caione v. Palace Shipping Co., (1907) 1 KB 670; and see also Anderson v. Collinson, (1901) 2 KB 107. See ESTOPPEL.When it is said that a previous decision is res judicata, it is meant that the right claimed has been adjudicated upon and cannot again be placed in contest between the same parties. A previous decision of a competent Court on fact which are the foundation of the right and the relevant law appli...
stock
stock 1 a : the equipment, materials, or supplies of a business b : a store or supply accumulated ;esp : the inventory of the goods of a merchant or manufacturer 2 : the ownership element in a corporation usually divided into shares and represented by transferable certificates ;also : the certificate evidencing ownership of one or more shares of stock capital stock 1 : the stock that a corporation may issue under its charter including both common and preferred stock 2 : the outstanding shares of a joint stock company considered as an aggregate 3 : capitalization common stock : a class of stock whose holders share in company profits (as through dividends) on a pro rata basis, may vote for directors and on important matters such as mergers, and may have limited access to information not publicly available cumulative preferred stock : preferred stock whose holders are entitled to the payment of cumulative dividends as well as current dividends before common stockholders are ...
Restitution, Writ of
Restitution, Writ of. If the judgment below was reserved in a court of error, the plaintiff in error might have had a writ of restitution in order that he might be restored to all he had lost by the judgment. If execution on the former judgment had been actually executed, and the money paid over, the writ of restitution issued without any previous scire facias quare restitutionem non, suggesting the matter of fact, viz., the sum levied, etc., must have previously issued. Error is now abolished (Jud. Act, 1875, Ord. LVIII., r. 1). And, generally, if money, etc., be levied under a writ of execution, and the judgment be afterwards reversed or set aside, the party against whom the execution was sued out may have his writ of restitution; but where the judgment is set aside for irregularity, etc., restitution (when necessary) forms part of the rule; and if the goods or money be not restored, the Court will grant an attachment. A writ of restitution may also be awarded when a judgment in ejec...
Pending
Pending, For detailed discussion of the term 'pend-ing', see S.D. Saigal v. Vidya Vijan, AIR 1978 All 82.The word 'pending' will ordinarily mean that the matter is not concluded and the court which has cognizance of it can make an order on the matter in issue. The test is whether any proceedings can be taken in the cause before the court or tribunal where it is said to be pending. The answer is that until the case is concluded it is pending, Lt. Col. S.K. Kashyap v. State of Rajasthan, AIR 1971 SC 1120 (1128): (1971) 2 SCC 126: (1971) 3 SCR 881. [Army Act, 1950, s. 126]A legal proceeding is 'pending' as soon as commenced and until it is concluded, i.e., so long as the Court having original cognizance of it can make an order on the matters in issue, or to be dealt with, therein, Asgarali Nasarali Singparewala v. State of Bombay, AIR 1957 SC 503 (509). [Criminal Law Amendment Act (46 of 1952), s. 10]Pending, in regard to suits or proceedings for ejectments mean pending before a decree wa...
question
question 1 : a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question [hī-pə-the-ti-kəl] : a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and the answer to which is an opinion to be considered in light of the evidence NOTE: Modern rules of evidence have lessened the need for a hypothetical question setting forth all of the facts to be assumed in answering the question. An expert witness may state an opinion based on data or facts considered reliable in his or her field even if not already disclosed or not admissible as evidence. leading question : a question so framed or presented as to suggest a particular answer [leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony "Federal Rules of Evidence Rule 611(c)"] NOTE: Leading questions are permitted in direct examination of ...
Relevant
Relevant, applying to the matter in question; affording something to the purpose; especially of evidence as meaning supporting the contention of a party to a suit.Logically connected and tending to prove or disprove a matter in issue having appreciable probative value -- That is, rationally tending to persuade people of probability or possibility of some alleged fact, Black's Law Dictionary, 7th Edn., p. 1293....
Judgment decree or final order
Judgment decree or final order, in order that a decision should fall within the definition of the word 'judgment' or 'final order' (1) it must finally decide the rights of the parties and the word 'judgment' means a final judgment and not an interlocutory judgment, and by which right to the relief claimed is decided with regard to all matters in issue, and (2) an order is final if it finally disposes of the rights of the parties and if it does not, it is not final even though it may decide a vital issue in the case, Sardar Kapur Singh v. Union of India, AIR 1957 Punj 173. CPC, 1908, Order 20, Rules 1, 6A....
Sheriff (in Scotland)
Sheriff (in Scotland), the chief judge of a county, also called sheriff-substitute, the office of sheriff principal being an intermediate point of appeal between the sheriff-substitute and the Court of Session. His civil jurisdiction extends to all personal actions on contract, bond, or obligation, to the greatest extent; also, by 40 & 41 Vict. c. 50, s. 8, to actions relating to a heritable right where the value of the subject-matter does not exceed 50l. by the year or 1,000l. value, and to all possessory actions, as removings, spuilzies, etc., to all brieves issuing from Chancery in Scotland, as of inquest, terce, division, tutory, etc., and generally to all civil matters not specially committed to other courts. He has also a summary jurisdiction in regard to small debts, as well as a criminal jurisdiction....
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