Peremptory - Law Dictionary Search Results
Home Dictionary Name: peremptoryperemptory
peremptory [Late Latin peremptorius, from Latin, destructive, from perimere to take entirely, destroy] 1 : permitting no dispute, alternative, or delay ;specif : not providing an opportunity to show cause why one should not comply [when the right to require the performance of the act is clear and it is apparent that no valid excuse can be given for not performing it, a mandamus may be allowed "Revised Statutes of Nebraska"] 2 : not requiring cause see also peremptory challenge at challenge pe·remp·to·ri·ly [pə-remp-tə-rə-lē, -remp-tōr-ə-lē] adv pe·remp·to·ri·ness [-remp-tə-rē-nəs] n n pl: -ries : peremptory challenge at challenge ...
Peremptory mandamus
Peremptory mandamus, a second mandamus, which issues where the return which has been made to the first writ is found either insufficient in law or false in fact. To this writ no other return will be admitted, but a certificate of perfect obedience and due execution. See MANDAMUS; and as to 'peremptory mandamus' in the first instance, to hold a municipal election, see (English) Municipal Corporations Act, 1882, s. 225 (8), repealed by the Local Government Act, 1933....
Peremptory Rule
Peremptory Rule. Formerly a defendant might obtain a peremptory rule to declare within a certain time, absolute in the first instance. This was abolished by (English) C.L.P. Act, 1852, s. 53, and a four-day notice substituted. See now PLEADING; STATEMENT OF DEFENCE....
peremptory challenge
peremptory challenge see challenge ...
peremptory exception
peremptory exception in the civil law of Louisiana : an exception pleaded by a defendant esp. on the basis that the law provides no remedy for the injury the plaintiff alleges, that the claim is barred by res judicata or prescription, or that an indispensable party has not been joined ...
peremptory instruction
peremptory instruction : an instruction charging a jury that if they agree to the truth of certain stated facts then they must find for a particular party ...
peremptory writ
peremptory writ see writ ...
Peremptoriness
The quality of being peremptory positiveness...
Peremptory
Peremptory [fr. perimo, Lat., I cut off], final, determinate and, in statutes, obligatory, as opposed to permissive....
Peremptory Challenge
Peremptory Challenge, an arbitrary species of challenge to a certain number of jurors without showing any cause.This privilege is granted to a prisoner in cases of treason and felony, but not misdemeanour, and is denied to the Crown. In treason a prisoner can challenge without cause thirty-five jurors, unless the treason affects the King's person, when the number is limited to twenty, as in felony [(English) Treason Acts, 1695, 1800 and 1842, and the (English) Juries Act, 1825]. See also the (English) Criminal Law Act, 1827, s. 3....
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