Notes Judge S - Law Dictionary Search Results
Home Dictionary Name: notes judge sNotes, Judge's
Notes, Judge's. a judge usually takes notes of the viva voce evidence given during the trial of an action, and these are in practice always referred to on appeal, although they cannot be obtained as a matter of right. In criminal trials the judge must, it seems, take such notes and furnish them, in cases of appeal, to the Court of Criminal Appeal [(English) Court of Criminal Appeal Act, 1907, ss. 8 and 9(a); and Criminal Appeal Rules, 1908, r. 14]. At the trial or hearing of any action or matter in the county court in which there is a right of appeal, the judge, at the request of either party, shall make a note of any question of law raised, and of the facts in evidence relating thereto, and of his decision thereon, and of his decision of the action or matter. Any party to the action is entitled to a copy at his own expense [(English) County Courts Act, 1888, ss. 120 and 121]. See now County Courts Act, 1934 (c. 53), ss. 105, 108; and McGrah v. Cartwright (1889) 23 QBD 3, as to the dut...
Judge's Notes
Judge's Notes. See NOTES....
Wharton's Rule
Wharton's Rule [after Francis Wharton (1820-89), American lawyer and author, who formulated it] : a rule that prohibits the prosecution of two persons for conspiracy to commit a particular offense when the offense in question can only be committed by at least two persons NOTE: Wharton's Rule does not apply when legislative intent is to the contrary (as when the legislation imposes a separate punishment for conspiracy to commit a particular crime). ...
fair trial
fair trial : a trial that is conducted fairly, justly, and with procedural regularity by an impartial judge and in which the defendant is afforded his or her rights under the U.S. Constitution or the appropriate state constitution or other law NOTE: Among the factors used to determine whether a defendant received a fair trial are these: the effectiveness of the assistance of counsel, the opportunity to present evidence and witnesses, the opportunity to rebut the opposition's evidence and cross-examine the opposition's witnesses, the presence of an impartial jury, and the judge's freedom from bias. ...
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
Risk Note
Risk Note, the name sometimes given to the special contract, sanctioned by s. 7 of the Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c. 31), but not binding on the consignor unless signed by him and also just and reasonable, exempting a railway or canal company from liability for loss of or injury by their negligence or that of their servants to goods or animals carried by them. Both before and after the decision of the House of Lords in Peek v. North Staffordshire Ry. Co., (1868) LR 10 HL 473, in which it was held, after summoning the judges, that the contracts must be both reasonable and signed, these risk notes have occasioned much litigation; see especially Great Western Ry. Co. v. McCarthy, (1887) 12 App Cas 218, to the effect that by offering alternative rates-a higher rate with the ordinary carrier's liability, and a lower rate with exemption from liability-a company may exempt themselves from all liability except for wilful is conduct, Sutcliffe v. G.W.Ry., (1910) 1 KB 478...
Shorthand Notes
Shorthand Notes. The only statutory provision for the taking of shorthand notes is in s. 16 of the Criminal Appeal Act, 1907 (see that title).Such notes of the evidence are usually made in important cases; but the costs of taking them will usually not be allowed, unless on an appeal they are used by the court [see Castner, etc., Co. v. Commercial Corporation, (1899) 1 Ch 803), and they can be so used on an appeal from a county court, even though not signed by the judge, Barber v. Burt, (1894) 2 QB 437. The costs of shorthand notes of the judgment of a court below are on appeal allowed without special order, Re De Falbe, (1901) 1 Ch 542....
dissent
dissent 1 : to withhold assent or approval [unfair squeezeout transactions—the kind to which public shareholders seem most likely to "R. C. Clark"] see also appraisal NOTE: A shareholder who dissents from a proposed transaction may demand that the corporation buy his or her shares after an appraisal. 2 : to differ in opinion ;esp : to disagree with a majority opinion [three of the justices ed] compare concur dis··sent·er n n 1 : difference of opinion ;esp : a judge's disagreement with the decision of the majority 2 : dissenting opinion at opinion 3 : the judge or group of judges that dissent compare majority ...
Equity
Equity [fr. 'quitas, Lat.] There is some confusion as to the meaning of Equity; as a scheme of jurispru-dence distinct from Law 'Equity' is an equivocal term; the difficulty lies in drawing the dividing lines between the several senses in which it is used. They may be distinguished thus:-(1) Taken broadly and philosophically, Equity means to do to all men as we would they should do unto us-by the Justinian Pandects, honeste vivere, alterum non l'dere, suum cuique tribuere. It is clear that human tribunals cannot cope with so wide a range or duties.(2) Taken in a less universal sense, Equity is used in contradistinction to strict law. This is Moral Equity, which should be the genius of every kind of human jurisprudence; since it expounds and limits the language of the positive laws, and construes them not according to their strict letter, but rather in their reasonable and benignant spirit.Aristotle, in his discussion concerning Moral Equity, Ethics Eud., b.v., c. x, calls it the correc...
Noting
Noting, when a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly upon each.Such notes must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or if the instrument has not been expressly dishonoured, the reason why the holder treats it as dishonoured, and the notary's charges. [Negotiable Instruments Act, 1881 (26 of 1881), s. 99]--The making of a memorandum or note on a bill of exchange by a notary which states that he has presented the bill for payment or acceptance, and that it has been dishonoured. It is usual, in cases of non-payment of bills of exchange, for London bankers, after six o'clock on the day upon which the bills fall due, to cause inland bills to be noted. The duty of a notary in protesting a bill consists in thre...
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