Preliminary Hearing - Law Dictionary Search Results
Home Dictionary Name: preliminary hearingpreliminary hearing
preliminary hearing see hearing ...
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 ...
preliminary examination
preliminary examination : preliminary hearing at hearing ...
bind over
bind over 1 : to put under a bond to do something (as appear in court) under court authority 2 : to transfer (a case or defendant) to another forum after a finding of probable cause at a preliminary hearing NOTE: In states that require indictment by a grand jury in felony cases, a case will be bound over to the grand jury if the judge or magistrate finds at the preliminary hearing that there is probable cause to believe that the defendant committed the crime. In states that use an information, the case is bound over to the trial court upon a finding of probable cause. vi : to bind a case over [questioned the magistrate's decision to bind over] bind·over n ...
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...
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....
Preliminary
Introductory previous preceding the main discourse or business prefatory as preliminary observations to a discourse or book preliminary articles to a treaty preliminary measures preliminary examinations...
preliminary
preliminary : coming before and usually serving as a temporary or intermediate step to something [ negotiations] [a payment plan] preliminary n ...
Hearing
Hearing, an investigation of a controversy. See TRIAL.A judicial session, usu. open to the public, held for purpose of deciding issues of fact or of law, sometimes with witnesses testifying, Black's Law Dictionary, 7th Edn., p. 725.Traditionally, testimony that is given by a witness who relates not what he or she knows personals but what others have said, and that is therefore dependent on the credibility of some one other than witness, Black's Law Dictionary, 7th Edn., p. 725.Word hearing can admit of a very wide and liberal interpretation. It may include recording of evidence, consideration of arguments on some aspect of suit, examination of various questions relating to suit and so on. The essential perquisite is whether the Judge is applying his mind to some aspect of the case. If he is conducting some routine work or passing interlocutory orders, he can't be said to be 'hearing the suit', Sham Lal v. Rajinder Kumar Modi, AIR 1993 J&K 50. In a suit, 'hearing' can be conducted at va...
Preliminary decree
Preliminary decree, a preliminary decree is one which declares the rights and liabilities of the parties leaving the actual result to be worked out in further proceedings, Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande, AIR 1995 SC 1211 (1212)....
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