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Preliminary - Law Dictionary Search Results

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bind over

: 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

McNabb-Mallory rule

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

Action prejudicial

Action prejudicial, otherwise called preparatory or principal, an action arising from some preliminary doubt, as in case a man sue his younger brother for lands descended from the father, and it

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Bachelor

Bachelor [Fr. bachelier, Lat. baccalarius], one who takes the degree of apprentice or student of arts (B.A.), preliminary to that of master (M.A.), at the universities. Also, an unmarried man. Knight bachelor, a man who has

Bar, plea in

point, seeking to displace the plaintiff's equity. See now DEFENCE. In Scottish criminal practice the expression denotes these preliminary pleas which, if sustained, prevent the trial proceeding. The more important of them are: that the accused is

Commencement of trial

consider the charge and examines whether they would proceed with the trial, the trial does not commence. The preliminary investigation conducted in such cases do not amount to commencement of trial, Shiv Prasad Panday v. Director C.B.I.,

Confidence trick

or a third party in order to show that B. trusts A. or the third party. Usually a preliminary to some joint but fictitious undertaking promising enormous bene-fits to B. Where the possession of money or goods

Cross-examination

are allowed by the judge after re-examination. See RE-EXAMINATION. And if a witness be called to prove some preliminary and collateral matter only, as the handwriting of a document tendered in evidence, he is a witness in

Hold elections

all steps such as the delimitation of constituencies, the compilation of electoral rolls etc. which are a necessary preliminary to the actual conduct of elections. In the restricted sense, this phrase would cover only the actual holding

In limine

In limine (at the outset), preliminary

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