Matter Of Law - Law Dictionary Search Results
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Mens rea
Mens rea, a guilty mind. See ACTUS NON FACIT REUM, NISI MENS SIT REA. Although prima facie and as a general rule there must be a mind at fault before there can be a crime, it is not an inflexible rule, and a statute may relate to such a subject-matter and may be so framed as to make an act criminal, whether there has been any intention to break the law or otherwise to do wrong or not. There is a large body of municipal law at the present day which is so conceived. Bye-laws are constantly made regulating the width of thoroughfares, the height of buildings, the thickness of walls and a variety of other matters necessary for the general welfare, health or commerce, and such bye-laws are enforced by the sanctions of penalties; the breach of them constitutes an offence and is a criminal matter.... and in such a case the substance of the enactment is that a man shall take care that the statutory direction is obeyed and that if he fails to do so he does so at his peril--WILLS, J., R. v. Tolso...
Coke, Sir Edward
Coke, Sir Edward, often, but incorrectly, styled Lord Coke, born in 1551, called to the Bar by the Inner Temple in 1578, counsel in Shelley's case (see that title), Speaker of the House of Commons, Solicitor-General and Attorney-General under Queen Elizabeth, knighted by James I. shortly after his accession in 1603, made Chief Justice of the Common Pleas in 1606 and of the King's Bench in 1613, 'taking particular delight,' writes Lord Campbell in his Lives of the Chief Justices, 'in styling himself ' Chief Justice of England,''was deprived of office and committed to the Tower by Charles I., for his support of the Petition of right. Coke was bitterly hostile to the injunction of equity. The controversy between Coke and Lord Ellesmere, the Chancellor, was acute. James I. referred the whole matter to Bacon, the Attorney-General, and others learned in the law. Acting upon the recommendations of this committee of counsel, James I. decided the matter in favour of Chancery. It should be menti...
Mixed questions of law and fact
Mixed questions of law and fact, cases in which a jury are to find the particular facts, and the court is to decide upon the legal quality of those facts by the aid of established rules of law, independently of any general inference or conclusion to be drawn by a jury. All technical expressions, such as asportation, conversion, acceptance, etc., are, in their application, partly matters of law, partly matters of fact. See 6 East, 3; 1 T.R. 167; and Taylor's Evid., s. 24....
Mutatis mutandis
Mutatis mutandis, implies applicability of any provision with necessary changes in points of detail, Prahlad Sharma v. State of U.P., (2004) 4 SCC 113.Mutatis mutandis, means 'with the necessary changes in points of detail, Earl Jowitt's the Dictionary of English Law (1959), Mariyappa v. State of Karnataka, (1998) 3 SCC 276: AIR 1998 SC 1334Mutatis mutandis. With the necessary changes in points of detail.Earl Jowitt's The Dictionary of English Law (1959) defines 'mutatis mutandis as 'with the necessary changes in points of detail'. Black's law Dictionary (Revised 7th Edn., 1999 at p. 1039) defines 'mutatis mutandis' as 'with the necessary changes in points of detail, meaning that matters or things are generally the same, but to altered when necessary, as to names, offices, and the like, Houseman v. Waterhouse. In Bouvier's Law Dictionary (3rd Revision, Vol. II), the expression, 'mutatis mutandis' is defined as 'The necessary changes. This is a phrase of frequent practical occurrence, m...
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...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
fact
fact [Latin factum deed, real happening, something done, from neuter of factus, past participle of facere to do, make] 1 : something that has actual existence : a matter of objective reality 2 : any of the circumstances of a case that exist or are alleged to exist in reality : a thing whose actual occurrence or existence is to be determined by the evidence presented at trial see also finding of fact at finding, judicial notice question of fact at question, trier of fact compare law, opinion adjudicative fact : a fact particularly related to the parties to an esp. administrative proceeding compare legislative fact in this entry collateral fact : a fact that has no direct relation to or immediate bearing on the case or matter in question compare material fact in this entry constitutional fact : a fact that relates to the determination of a constitutional issue (as violation of a constitutional right) used esp. of administrative findings of fact evidentiary fact : a fact that i...
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
law
law [Old English lagu, of Scandinavian origin] 1 : a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority: as a : a command or provision enacted by a legislature see also statute b : something (as a judicial decision) authoritatively accorded binding or controlling effect in the administration of justice [that case is no longer the of this circuit] 2 a : a body of laws [the of a state] ;broadly : laws and justice considered as a general and established entity [the looks with disfavor on restraints on alienation] b : common law compare equity 3 a : the control or authority of the law [maintain and order] b : one or more agents or agencies involved in enforcing laws c : the application of a law or laws as distinct from considerations of fact [an error of ] see also issue of law at issue matter of law at matter question of law at question 4 : the whole body of laws and doctrines relating to one subject [contract ] [the...
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