Parol Arrest - Law Dictionary Search Results
Home Dictionary Name: parol arrest Page: 6Felony
Felony [fr. felonie, Fr.; felonia, Lat.; some deduce it fr. Gk., a deceiver, and fallo, Lat., to deceive; Spelman derives it fr. the Teutonic or German fee, a fieu or fiet, and lon, price or value; Coke says, 'Ex vi termini significat quodlibet capitale crimen felleo animo perpetratum,' Co. Litt. 391 a], originally the state of having forfeited lands and goods to the Crown upon conviction for certain offences, and then, by transition, any offence upon conviction for which such forfeiture followed, in addition to any other punishment prescribed by law, as distinguished from misdemeanour, upon conviction for which to forfeiture followed. All indictable offences are either felonies or misdemeanours, but a material part of the distinction is taken away by the Forfeiture Act, 1870 (33 & 34 Vict. c. 23), which abolishes forfeiture for felony, and provides for the administration of the estates of felons while undergoing sentence; see Carr v. Anderson, (1903) 2 Ch 279.The only remaining distin...
McNabb-Mallory rule
McNabb-Mallory rule, Criminal Procedure the doctrine that a confession is inadmissible if obtained during an reasonably long detention period between arrest and preliminary hearing. Because of the broader protections afforded under the Mioranda rule, the McNabb-Mallory rule is rarely applied in modern cases, McNabb v. United States, 318 US 332, 63 S.Ct. 608 (1943); Mallory v. United States, 354 US 449, 77 S.Ct. 1356 (1957); Black's Law Dictionary, 7th Edn., p. 994....
arbitrary
arbitrary 1 : depending on individual discretion (as of a judge) and not fixed by standards, rules, or law [the manner of punishment is ] 2 a : not restrained or limited in the exercise of power [an government] b : marked by or resulting from the unrestrained exercise of power [protection from arrest and detention] 3 a : based on preference, bias, prejudice, or convenience rather than on reason or fact [an standard] [different provisions for the married and the unmarried were irrational and "K. A. Cohen"] b : existing or coming about seemingly at random or by chance or as an unreasonable act of individual will without regard for facts or applicable law often used in the phrase arbitrary and capricious [an agency finding or conclusion of lack of evidence would be and capricious if the record afforded no substantial basis for such a finding "Irvin v. Hobby, 131 F. Supp. 851 (1955)"] NOTE: Under section 706 of the Administrative Procedure Act, a court shall set aside an agency's a...
Embargo
Embargo [fr. embargar, Sp.], a prohibition to pass; a stop, arrest, or detention of ships; a prohibition imposed in time of war by a belligerent state upon merchant ships against their leaving port for a time specified....
stop
stop stopped stop·ping vt 1 : to cause to halt [stopped payment] 2 : to subject to a legal stop vi : to cease activity or motion n : an act or instance of stopping ;specif : a temporary detention that constitutes a limited seizure of a person for the purpose of inquiry or investigation and that must be based on reasonable suspicion see also terry stop compare arrest ...
Barratry
Barratry, 1. Usually called 'common barratry,' the common moving of suits and quarrels in disturbance of the peace, either in courts or elsewhere.The punishment is fine and imprisonment; 'and if the offender belonged to the profession of the law he was disabled from practising for the future, by 12 Geo. 1, c. 29, s. 4, which is unrepealed, though long obsolete.2. In marine assurance, the commission of any fraud upon the owners or insurers of a ship by the master or crew, as deserting her, sinking her, or doing any act which may subject her to arrest, detention, loss, or forfeiture, etc. It is the practice in most countries to insure against barratry. Many foreign jurists hold that it comprehends every fault which the master and crew can commit, whether it arises from fraud, negligence, unskilfulness, or mere imprudence. But in this country it is ruled that no act of the master or crew shall be deemed barratry, unless it proceed from a criminal or fraudulent motive.-see Arnould, or Chal...
Accused of any offence
Accused of any offence, The expression 'accused of any offence' in s. 25 of the Evidence Act, 1872 would cover the case of an accused who has been put on trial, whether or not at the time when he made the confessional statement, he was under arrest or in custody as an accused in that case or not, Bheru Singh v. State of Rajasthan, (1994) 2 SCC 467 (475): 1994 SCC (Cri) 555. [Evidence Act, 1872, s. 25]The phrase 'accused of any offence' has been the subject to several decisions of the Supreme Court so that by now it is well settled that only a person against whom a formal accusation relating to the commission of an offence has been levelled which in the normal course may result in his prosecution, would fall within its ambit of term 'accused of an offence', Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302 (305): AIR 1976 SC 1167....
Breach of peace
Breach of peace, is the criminal offence of creating a public disturbance or engaging in disorderly conduct particularly by making an unnecessary or distracting noise, Black Law Dictionary, 7th Edn., p. 183.Breach of peace, takes place when either an assault is committed on an individual or public alarm and excitement is caused. Mere annoyance or insult is not enough; thus at common law a householder could not give a man into custody for violently and persistently ringing his door-bell. It is the particular duty of a Magistrate or Police Officer to preserve the peace unbroken, hence if he has reasonable cause to believe that a breach of the peace is imminent he may be justified in committing an assault or effecting an arrest; R.F.V. Heuston, Salmond on the Law of Torts, 131 (17th Edn., 1977).Means a disturbance of public peace order, Webster's Dictionary of Law, Indian Edn. (2005), p. 59.Breach of peace, offences against the public, which are either actual violations of the peace, or c...
Mesne process
Mesne process, all those writs which intervene in the progress of a suit or action between its beginning and end, as contradistinguished from primary and final process. Thus, the capias or mesne process was issued after a writ of summons, which was the primary process, and before a capias ad satisfaciendum, which was the final process, or process of execution. See IMPRISONMENT.By the (English) Judgments Act, 1838 (1 & 2 Vict. c. 110), s. 1, the power of arrest upon mesne process was relaxed, and confined to the case of a debtor about to quit England, and where the amount of the debt was 20l. or upwards; and by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 6, it is enacted, that 'after the commencement of the Act a person shall not be arrested upon mesne process in any action.' Nevertheless, where a plaintiff has good cause of action against the defendant to the amount of 50l. or upwards, and the defendant is about to quit England, and the absence of the defendant from Engla...
Music
Music. For the purposes of the Copyright Act, 1911, 'copyright' includes in the case of a musical work the right to make any record, perforated roll or other contrivance by means of which the workmay be mechanically performed [s. 1(2)(d)], see Performing Right Society Ltd. v. Hammond's Bradford Brewery Co. Ltd., 1934 Ch 121 (reproduction by radio receiving set and loud-speaker); and see also s. 19 of the Act, and as to posthumous works, s. 17. Copyright is now confined to such rights as are given by statute, the common law rights being abrogated (s. 31).The (English) Musical Summary Proceedings (Copyright) Act, 1902, and the (English) Musical Copyright Act,1906, amended by the (English) Copyright Act, 1911, give additional protection to the owners of musical copyright against unauthorized sales, a defect in the Act of 1902 having been discovered in Ex parte Francis, (1903) 1 KB 275; the Act of 1906 empowers constables to arrest, without warrant, sellers of music notified to the chief o...
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