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New Trial - Law Dictionary Search Results

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Certification of assize

Certification of assize, a writ anciently granted for the re-examining or re-trial of a matter passed by assize before justices, now entirely superseded by the remedy afforded by means of a new trial....


Rejudge

To judge again to reeumlxamine to review to call to a new trial and decision...


Rules of Court

Rules of Court, orders regulating the practice of the Courts; or orders made between parties to an action or suit.(1) General rules regulating the practice of the Courts, both of Common Law and Equity, have from time to time been made by the Courts in pursuance of the powers of various Acts of Parliament. See as to the Common Law Courts, which promulgated consecutive Rules without any division into Orders, Day's Common Law Procedure Acts; and as to the Court of Chancery, which promulgated Orders subdivided into Rules, Morgan's Chancery Acts and Orders. The scheme of the Chancery Procedure Acts was that the Orders made thereunder should come into force as soon as made, subject to the power of Parliament to annul them afterwards (see, e.g., Chancery Procedure Act, 1858, s. 12), while that of the Common Law Procedure Acts, was that Rules made thereunder should not come into force until they had lain before Parliament for three months (see 13 & 14 Vict. c. 16, and Common Law Procedure Act,...


Perverse verdict

Perverse verdict, a verdict whereby the jury refuse to follow the direction of the judge on a point of law. See NEW TRIAL....


Nune pro tunc

Nune pro tunc, a proceeding taken now for then, i.e., the proper time when it should have been taken; for example, special leave granted at the hearing to cross-appeal against an order for a new trial, Toronto Railway v. King, 1908 AC 260. As to entering judgments and orders nunc pro tunc, see Ord. LII., r. 15....


False Verdict

False Verdict. Formerly, if a jury gave a false verdict, the party injured by it might sue out a writ of attain against them, either at Common Law or on 11 Hen. 7, c. 24, at his election, for the purpose of reversing the judgment and punishing the jury for their verdict; but not where the jury erred merely point at law, if they found according to the judge's direction. The practice of setting aside verdicts and granting new trials, however, so superseded the use of attains that there is no instance of one to be found in our books of reports later than in the time of Elizabeth, and it was altogether abolished by the (English) County Juries Act, 1825 (6 Geo. 4, c. 50), s. 60....


De minimis non curat lex

De minimis non curat lex. Cro. Eliz. 353.-(The law cares not about very trifling mattes.). Therefore the courts will not, as a rule, take notice of the fraction of a day (see that title); or grant a new trial on the ground of a verdict being against evidence, if the damages were less than 20l, See Broom's Max....


surprise

surprise 1 : a condition or situation in which a party to a proceeding is unexpectedly placed without any fault or neglect of his or her own and that entitles the party to relief (as a new trial) 2 : an aspect of procedural unconscionability that consists of hiding a term of a contract in a mass of text ...


sua sponte

sua sponte [Latin, of its own accord] : on the court's own motion or initiative [authorize the court to order a new trial sua sponte "J. H. Friedenthal et al."] [the court's sua sponte dismissal] ...


grant

grant 1 : to permit as a right or privilege [ a new trial] [the Supreme Court ed certiorari] 2 : to bestow or transfer formally ;specif : to transfer the possession or title of by a deed : convey n 1 : the act of granting 2 : something granted ;esp : a gift (as of land or money) for a particular purpose 3 a : a transfer of property by deed or writing b : the instrument by which such a transfer is made ;also : the property so transferred ...



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