New Trial - Law Dictionary Search Results
Home Dictionary Name: new trial Page: 4deny
deny de·nied de·ny·ing 1 : to declare untrue [a party…shall admit or the averments "Federal Rules of Civil Procedure Rule 8(b)"] compare avoid 2 : to refuse to grant [denied the motion for a new trial] ...
alternative
alternative 1 : alternate 2 : offering or expressing a choice [an contract] see also alternative pleading at pleading 3 : existing or functioning outside the established system ;also : different from the usual or conventional [ sentencing] n 1 : a proposition or situation offering a choice between two or more things only one of which may be chosen 2 a : one of two or more things, courses, or propositions to be chosen b : something which can be chosen instead in the alternative 1 : for or as an alternative [asked for specific performance, or in the alternative, damages of $20,000] [a new trial may be asked for in the alternative] 2 : in such a way that offers a choice [relief in the alternative…may be demanded "Federal Rules of Civil Procedure Rule 8(a)"] [plead in the alternative] ...
additur
additur [Latin, it is increased] : the increase by a court of the jury's award of damages which the court deems insufficient compare remittitur NOTE: The Supreme Court held in Dimick v. Schiedt, 293 U.S. 474 (1935) that additur violates the Seventh Amendment and so is not permissible in federal courts. Many state courts allow additur, however, when the defendant agrees to the increased award on the condition that the court deny plaintiff's motion for a new trial. ...
habeas corpus
habeas corpus [Medieval Latin, literally, you should have the body (the opening words of the writ)] : any of several writs originating at common law that are issued to bring a party before the court ;esp : habeas corpus ad subjiciendum in this entry [the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it "U.S. Constitution art. I"] habeas corpus ad fa·ci·en·dum et re·ci·pi·en·dum [-ad-fa-sē-en-dəm-et-ri-si-pē-en-dəm, -fa-shē-en-; -Ä d-fÄ -kē-en-dm-et-rā-kē-pē-en-dm] [New Latin, literally, you should have the body for doing and receiving] : habeas corpus cum causa in this entry habeas corpus ad pro·se·quen·dum [-ad-prÄ -si-kwen-dəm, -Ä d-prō-sā-kwen-dm] [New Latin, literally, you should have the body for prosecuting] : a writ for removing a prisoner for trial i...
Remanet
Remanet, means a case or proceeding whose hearing has been postponed; a remainder or remant, Black's Law Dictionary, 7th Edn., p. 1296.Remanet, the name given to a cause the trial of which has been postponed from one sittings to another. A new notice of trial does not seem to be necessary either when a cause has been made a remanet at the assizes, or when it has been made a remanet from one sittings to another, or has been put off by order of Nisi Prius. See A. P., notes to R.S.C. Ord. XXXVI., r. 34.Costs incurred for witnesses, etc., are allowed to the party ultimately prevailing.As the unexpired part of a sentence in Criminal Law. See SENTENCE.A case or proceeding whose hearing has been postponed, Black's Law Dictionary, 7th Edn., p. 1296....
Mint-mark
Mint-mark. The masters and workers of the Mint, in the indentures made with them, agree 'to make, of gold and silver, so that they may know which moneys were of their own making'; after every trial of the pyx, having proved their moneys to be lawful, they are entitled to their quietus under the Great Seal, and to be thereupon discharged from all suits or actions; they then change the privy mark, so that the moneys from which they are not yet discharged may be distinguished from those for which they are; they use the new mark until another trial of the pyx. See (English) Coinage Act, 1870 (33 & 34 Vict. c. 10), s. 12. See PYX...
witness protection program
witness protection program : a state or federal program designed to protect prosecution witnesses in serious criminal cases esp. from bodily injury or tampering (as by providing aid in establishing a new identity in a new location) ...
Supreme Court of Judicature
Supreme Court of Judicature. By Judicature Act, 1925, s. 1, there shall be a Supreme Court of Judicature in England consisting of His Majesty's High Court of Justice (referred to as the High Court), and His Majesty's Court of Appeal (referred to as the Court of Appeal).Formerly, by the (English) Supreme Court of Judicature Act, 1873, ss. 3 and 4 (amended by (English) Jud. Act, 1875, s. 9), it was enacted that from the commencement of that Act (November 1, 1875: see Judicature Act, 1875, s. 2) the court of Chancery of England, the Court of Queen's Bench, the Court of Common Pleas at Westminster, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court for Divorce and Matrimonial Causes, should be united and consolidated together, and should constitute one Supreme Court of Judicature in England; the said Supreme Court to consist of two permanent Divisions, being 'Her (now His) Majesty's High Court of Justice' and 'Her (now His) Majesty's Court of Appeal.'S...
proximate
proximate 1 : next immediately preceding or following (as in a chain of causation, events, or effects) : being or leading to a particular esp. foreseeable result without intervention see also proximate cause at cause 2 : very or relatively close or near [would be sufficiently to the commencement of the defendant's trial "Johnson v. New Jersey, 384 U.S. 719 (1966)"] prox·i·mate·ly adv ...
Inquiry
Inquiry, connotes act of seeking truth, information or knowledge about something. It is although synonymous with inquisition/investigation, probe or inquest, yet it acquires a definite meaning in the context in which it is used, K.C. Malhotra v. Chancellor, H.P. University, Shimla, AIR 1995 HP 156.Includes 'investigation' into facts, causes, effects and relations generally, 'to inquire' (New Standard Dictionary) Real Value Appliances Ltd. v. Canara Bank, (1998) 5 SCC 554.Means every inquiry other than a trial, conducted under this Code by a Magistrate or Court. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (g)]Means search for knowledge: investigation a question (Chambers 20th Century Dictionary) Real Value Appliances Ltd. v. Canara Bank, (1998) 5 SCC 554.The words inquiry includes investigation, Real Value Appliances Ltd. v. Canara Bank, AIR 1998 SC 2064...
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