Principal Challenge - Law Dictionary Search Results

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Principal challenge

Principal challenge, a species of challenge to the array made on account of partiality or some default in the sheriff or his under-officer who arrayed the panel. See CHALLENGE....

Challenge [fr. Challenger, O. F., to accuse of], an exception taken either against things or jurors.In civil actions, when a full jury appear, either party may challenge them for cause, as well the talesmen as the jurors originally returned. Challenges are of two kinds: (1) to the array; (2) to the polls; and each of these is again subdivided into principal challenges, and challenges to the favour.(1) A challenge to the array is an exception to all the jurors returned by the sheriff collectively, not for any defect in them, but for some partiality or default in the sheriff or his under-officer who arrayed the panel; this is either (a) a principal challenge, as that the sheriff or other returning officer is of kindred or affinity to the plaintiff of defendant, if the affinity continue; that one or more of the jury are returned at the nomination of the plaintiff or defendant; that an action of battery is pending at the suit of the plaintiff or defendant against the sheriff, or at the sui...

Challenge to the array

Challenge to the array, is the taking of exception to the whole panel of persons returned by the summoning officer by reason of matter personal to himself, and is either a principal challenge (on the ground of any partiality in the officer concerned in the summoning and return of the jury, as, for instance, if such officer is biased or has acted improperly) or 'for favour', where the position of the Summoning Officer is not necessarily inconsistent with indifference, but may be suspected, Halsbury's Laws of England, Vol. 11(2), para 985, p. 829....

Acquittal

Acquittal, The legal certification usually by jury verdict that an accused person is not guilty of the charged offence. [fr. acquitter, Fr.; quietus, Lat., to free, acquit, or discharged], a deliverance and setting free of a person from the suspicion or guilt of an offence; also to be free from entries and molestations by a superior lord, for services issuing out of lands, Cowel. Acquittal is of two kinds--(1) Acquittal in deed, as when a person is cleared by verdict; and (2) Acquittal in law, as if two be indicted for a felony, the one as principal and the other as accessory, and the jury acquit the principal, by law the accessory is also acquitted, 2 Inst. 384.Means the legal certification, usually by jury verdict, that an accused person is not guilty of the charged offence, Black Law Dictionary, 7th Edn., p. 24.If person is acquitted and ordered to be discharged it is illegal any longer to detain him, and the duty of seeing that he is at once discharged is upon the governor of the p...

Herald

Herald [fr. here, Sax., an army, and heald, a champion; herault, heraut, Fr.; herald, Ger.; araldo, Ital.; because it was part of his office to charge or challenge unto battle or combat], an officer who registers genealogies, adjusts ensigns armorial, regulates funerals, and carries messages between princes, and proclaims war and peace. Heralds were anciently called Dukes at Arms, probably from the Latin ducere ad arma; because the conducting of affairs concerning peace and war devolved upon them, their office being to carry messages to the enemy, and to proclaim war and peace. Hence the persons of heralds were deemed sacred by the law of nations, and were received and protected by belligerent powers, as flags of truce are in the present day. The three chief heralds are called Kings of Arms; of whom (1) Garter is the principal, instituted by Henry V. His office is to attend the Knights of the Garter at their solemnities, and to marshal the funerals of the nobility. (2) Clarencieux King...

Void

Void, 'the erosion of the distinction between juris-dictional errors and non-jurisdictional errors has, correspondingly eroded the distinction between void and voidable decision. The courts have become increasingly impatient with the distinction, to the extent that (1) All official decisions are presumed to be valid until set aside or otherwise held to be invalid by a court of competent jurisdiction', Judicial Review of Administrative Action, De Smith, Woolf and Jowell, 1995 Edn., p. 259-60.Void, denotes 'if an act or decision, or an order or other instrument is invalid, it should, in principal be null and void for all purposes; and it has been said that there are no degrees of nullity. Even though such an act is wrong and lacking in jurisdiction, however, it subsists and remains fullyeffective unless and until it is set aside by a court of competent jurisdiction. Until its validity is challenged, its legality is preserved', Halsbury's Laws of England, 4th Edn., (Re-issue), Vol. 1(1), ...

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