Originality - Law Dictionary Search Results
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writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
bill
bill 1 : a draft of a law presented to a legislature for enactment ;also : the law itself [the GI ] ap·pro·pri·a·tions bill [ə-prō-prē-ā-shənz-] : a bill providing money for government expenses and programs NOTE: Appropriations bills originate in the House of Representatives. bill of attainder 1 : a legislative act formerly permitted that attainted a person and imposed a sentence of death without benefit of a judicial trial see also attainder compare bill of pains and penalties in this entry 2 : a legislative act that imposes any punishment on a named or implied individual or group without a trial NOTE: Bills of attainder are prohibited by Article I of the U.S. Constitution. bill of pains and penalties : a legislative act formerly permitted that imposed a punishment less severe than death without benefit of a judicial trial compare bill of attainder in this entry NOTE: The term bill of attainder is often used to include bills of p...
Advowson
Advowson [fr. advocare, Lat.], a right of presentation to, or the patronage of, a church or spiritual living; the person possessed of this right or patronage being called the patron or advocate (patronus aut advocatus), on account of his obligation to protect and defend the privileges of the particular benefice. An advowson is in the nature of a temporal property and spiritual trust. For the origin and history of advowsons, consult Mirehouse on Advowsons, pp. 1-6.There are several kinds of advowsons, viz.:--(I.) Presentative advowsons, subdivided into,Appendant.In gross, andPartly appendant, and partly in gross.(II.) Collative advowsons.(I.) A presentative advowson appendant is a right of patronage annexed to the possession of some corporeal hereditament. Thus, where an advowson has immemorially passed together with a manor or reputed manor by a simple grant of such manor, without particularly referring to the advowson, it is then said to be appendant, i.e., annexed to the demesnes of ...
Secondary evidence
Secondary evidence, Secondary evidence means and includes:(1) Certified copies given under the provisions hereinafter contained;(2) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;(3) Copies made from or compared with the original;(4) Counterparts of documents as against the parties who did not execute them;(5) Oral accounts of the contents of a document given by some person who has himself seen it. [Evidence Act, 1872 (1 of 1872), s. 63]That species of proof which is admitted on the loss of primary evidence. There are no degrees of this evidence; for example, if a letter be lost it may be as good as recite it from memory as to produce a copy. It is the province of the judge to decide whether a document produced be original or not, and until he decides it is not, no secondary evidence can be put in. See NOTICE TO ADMIT; NOTICE TO PRODUCE; HEARSAY....
Photographs
Photographs. By the (English) Copyright Act, 1911, s. 5, the author of a work is the first owner of the copyright therein, but where in the case of a photograph the plate or other original was ordered by some other person, and was made for valuable consideration in pursuance of that order, then, in the absence of any agreement to the contrary, the person by whom such plate or other original was ordered will be the first owner of the copyright; and such person can restrain the public sale of his photographic likeness, Pollard v. Photographic Co., (1888) 40 Ch D 345. The period for which copyright in photographs sbsists is fifty years from the making of the original negative (s. 21). 'photograph' includes photo-lithograph and any work produced by any process analogous to photography (s. 35). See COPYRIGHT.It is a misdemeanour to send indecent matter, including photographs, through the post. [(Eng-lish) Post Office Act, 1908, s. 63, as amended by the (English) Post Office Act, 1935, s. 13...
Forcible detainer
Forcible detainer, refusing to restore another's goods, after sufficient amends tendered, the original taking having been lawful; for which injury the remedy usually resorted to was trover (q.v.). But if the original taking were unlawful it is a criminal offence against the public peace, and a misdemeanour, punishable by imprisonment and ransom at the pleasure of the Crown, 4 Bl. Com. 148.The wrongful retention of possession of property by one originally in lawful possession, often with threats or actual use of violence, Black's Law Dictionary, 7th Edn....
District Judge
District Judge, includes, among other, an additional district judge, State of West Bengal v. Nripendranath Bagchi AIR 1966 SC 447: (1966) 1 SCR 771.See State of Assam v. Kuseswar Saikia, AIR 1970 SC 1616.District Judge shall mean the Judge of a principal Civil Court of original Jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction. [General Clauses Act, 1897, s. 3(17)]--Means the Judge of a principal civil court of original jurisdiction. [Succession Act, 1925 (39 of 1925), s. 2(bb)]...
District Court
District Court, means, in any area for which there is a city civil court, that court, and in any other area, the principal civil court of original jurisdiction, and includes any other civil court which maybe specified by the State Government by notification in the Official Gazette as having jurisdiction in respect of the matters dealt with in this Act. [Special Marriage Act, 1954, s. 2 (e)]It means, in any area for which there is a city civil court, that court, and in any other are the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act. [Hindu Marriage Act, 1955 (25 of 1955), s. 3 (b)]It means, in the case of any petition under this Act, the Court of the District Judge within the local limits of whose ordinary jurisdiction, or of whose jurisdiction under this Act the marriage was solemnized or, t...
Detainer
Detainer, forcible. See FORCIBLE ENTRY.Unlawful. The wrongful keeping of a person's goods, although the original taking may have been lawful. As if I distrain another's cattle, damage feasant, and before they are impounded he tenders me sufficient amends; now, though the original taking was lawful, my subsequent detention of them, after tender of amends, is not lawful, and he shall have an action of replevin against me to recover them, in which he shall recover damages for the detention, and not for the caption, because the original taking was lawful, 3 Steph. Com., and see DETINUE.Writ of, one of the five forms of process prescribed by the 2 Wm. 4, c. 39, s. 1, for the commencement of a personal action against a person already in the prison of one of the courts. Superseded by 1 & 2 Vict. c. 110, ss. 1, 2.A process lodged with the sheriff against a person in his custody was called a detainer; the officer, therefore, always searched the sheriff's office to see if there were any detainer...
Common Law
Common Law [lex communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior ' Courts of law at Westminster, as distinct from that administered by the Court of Chancery at Lincoln's Inn. At other times it is used in contradistinction to the statute law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statute law. It depends for its authority upon the recognition given by our Law Courts to principles, customs, and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners and suitors in the Courts; it is now recorded in the voluminous series of our law reports which embody the d...
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