Offender - Law Dictionary Search Results
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bond 1 a : a usually formal written agreement by which a person undertakes to perform a certain act (as appear in court or fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure to perform or abstain will obligate the person or often a surety to pay a sum of money or will result in the forfeiture of money put up by the person or surety ;also : the money put up NOTE: The purpose of a bond is to provide an incentive for the fulfillment of an obligation. It also provides reassurance that the obligation will be fulfilled and that compensation is available if it is not fulfilled. In most cases a surety is involved, and the bond makes the surety responsible for the consequences of the obligated person's behavior. Some bonds, such as fidelity bonds, function as insurance agreements, in which the surety promises to pay for financial loss caused by the bad behavior of an obligated person or by some contingency over w...
defense
defense 1 : the act or action of defending see also self-defense 2 a : the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment) ;also : the evidence and arguments presented supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in this entry af·fir·ma·tive defense : a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative defenses. choice of evils d...
hearing
hearing 1 : a proceeding of relative formality at which evidence and arguments may be presented on the matter at issue to be decided by a person or body having decision-making authority compare trial NOTE: The purpose of a hearing is to provide the opportunity for each side of a dispute, and esp. a person who may be deprived of his or her rights, to present its position. A hearing, along with notice, is a fundamental part of procedural due process. Hearings are also held, as for example by a legislature or an administrative agency, for the purpose of gathering information and hearing the testimony of witnesses. administrative hearing : a hearing conducted by an official (as an administrative law judge) or a body (as a review board) of an administrative agency regarding an agency action and esp. an action under dispute confirmation hearing 1 : a hearing conducted by the U.S. Senate to examine a nominee for the U.S. Supreme Court NOTE: Article II of the U.S. Constitution provides ...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Probation
Probation, connotes a period of trial, Ajudhia Nath Dhingra v. Union of India, 1976 Sim LJ 357.Means a sort of 'locus pententiae' to the employer to observe the work, ability, efficiency, sincerity, and competence of the servant and if he is found not suitable for the post, the master reserves the right to dispense with his service without anything more during or at the end of the prescribed period which is styled as period of probation, Parshotam Lal Dhingra v. Union of India, AIR 1958 SC 36: 1958 (1) LLJ 544: 1958 SCJ 217.Probation. (1) Proof generally. (2) Suspension of a final appointment to an office until a person tempo-rarily appointed (who is called a 'probationer') has by his conduct proved himself to be fit to fill it. (3) Treatment of an offender under the (English) Probation of Offenders Act, 1907 (7 Edw. 7, c. 17).By s. 1 of this Act where any person is charged before a Court of summary jurisdiction and the Court thinks that the charge is proved, but is of opinion that, ha...
injunction
injunction [Middle French injonction, from Late Latin injunction- injunctio, from Latin injungere to enjoin, from in- in + jungere to join] : an equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act compare cease-and-desist order at order, damage declaratory judgment at judgment, mandamus specific performance at performance, stay NOTE: An injunction is available as a remedy for harm for which there is no adequate remedy at law. Thus it is used to prevent a future harmful action rather than to compensate for an injury that has already occurred, or to provide relief from harm for which an award of money damages is not a satisfactory solution or for which a monetary value is impossible to calculate. A defendant who violates an injunction is subject to penalty for contempt. affirmative injunction : an injunction requiring a positive act on the part of the defendant : mandatory injunction in this entry final injunction : perman...
Challenge
Challenge [fr. Challenger, O. F., to accuse of], an exception taken either against things or jurors.In civil actions, when a full jury appear, either party may challenge them for cause, as well the talesmen as the jurors originally returned. Challenges are of two kinds: (1) to the array; (2) to the polls; and each of these is again subdivided into principal challenges, and challenges to the favour.(1) A challenge to the array is an exception to all the jurors returned by the sheriff collectively, not for any defect in them, but for some partiality or default in the sheriff or his under-officer who arrayed the panel; this is either (a) a principal challenge, as that the sheriff or other returning officer is of kindred or affinity to the plaintiff of defendant, if the affinity continue; that one or more of the jury are returned at the nomination of the plaintiff or defendant; that an action of battery is pending at the suit of the plaintiff or defendant against the sheriff, or at the sui...
Public Authorities, Protection of
Public Authorities, Protection of. Very numerous statues have from time to time protected justices of the peace, constables, surveyors of highways, local boards and other public authorities from vexatious actions for things done in pursuance of the Acts. This protection was given by requiring the plaintiff to give notice of action, by compelling him to try the action in the place where the cause of it arose, by requiring him to bring his action within a short limit of time, by enabling defendants to plead the general issue (see GENERAL ISSUE) and to tender amends and by enacting that the plaintiff if unsuccessful should pay double or treble costs. These varying enactments were reduced into one by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61), which applies to common law as well as to statutory duties, to individuals as well as to public authorities, and to acts of omission as well as to acts of commission. This Act provides (1) six months as the limit of time for th...
not guilty
not guilty 1 : a plea by a criminal defendant who intends to contest the charges compare guilty, nolo contendere NOTE: Under the Federal Rules of Criminal Procedure, if a defendant refuses to plead or if the defendant is a corporation that fails to appear the court must enter a plea of not guilty on the defendant's behalf. 2 : a verdict rendered by a jury acquitting a criminal defendant upon finding that the prosecution has not proven the defendant's guilt beyond a reasonable doubt ...
fair play and substantial justice
fair play and substantial justice : a requirement or standard of fairness which a court's assertion of personal jurisdiction over a nonresident defendant must meet in order to avoid a violation of the defendant's right to due process see also minimum contacts International Shoe Co. v. Washington in the Important Cases section NOTE: In International Shoe Co. v. Washington, the Supreme Court held that in order for a state court to exercise jurisdiction over a defendant whose residence is elsewhere, the court must establish that the defendant has such minimum contacts with the state that the exercise of jurisdiction over the defendant does not offend traditional notions of fair play and substantial justice. Among the factors used to make this determination are the difficulty for the defendant of appearing in the court, the state's interest in deciding the case, and the plaintiff's interest in the convenience of the court and the effectiveness of the relief to be obtained there. ...
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