Prosecution - Law Dictionary Search Results
Home Dictionary Name: prosecution Page: 4prejudice
prejudice [Old French, from Latin praejudicium previous judgment, damage, from prae- before + judicium judgment] 1 : injury or detriment to one's legal rights or claims (as from the action of another): as a : substantial impairment of a defendant's ability to defend [the court found no to the defendant by the lengthy delay in bringing charges] b : tendency for a decision on an improper basis (as past conduct) by a trier of fact [whether an ex parte communication to a deliberating jury resulted in any reasonable possibility of to the defendant "National Law Journal"] c : implied waiver of rights and privileges not explicitly retained [District Court erred in attaching to prisoner's complaint for injunctive relief "National Law Journal"] 2 : a final and binding decision (as an adjudication on the merits) that bars further prosecution of the same cause of action or motion [dismisses this case with ] [the dismissal was without ] 3 a : an irrational attitude of hostility directed a...
Newspaper
Newspaper, means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette. [Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), s. 2 (b)]The essential pre-requisite of a periodical work containing public news or comments on public news, P.S.V. Iyer v. Commissioner of Sales Tax, AIR 1960 Ori 221 (223). (Orissa Sales Tax Act, 1947)Any paper to be classified as a newspaper, would contain a report of recent events, Commissioner of Sales Taxi v. Express Printing Press, AIR 1983 Bom 190 (192). [Bombay Sales Act, (51 of 1959), s. 2(3)][s. 81, Indian Evidence Act]The expression 'newspaper' as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act includes not merely 'public n...
Material witness
Material witness, the test whether a witness is material for the present purpose is not whether he would have given evidence in support of the defence. The test is whether he is a witness 'essential to the unfolding of the narrative on which the pros. is based.' Whether a witness is so essential or not would depend on whether he could speak to any part of the prosecution case or whether the evidence led disclosed that he was so situated that he would have been able to give evidence of the facts on which the prosecution relied. (AIR 1936 PC 289 relied), Narain v. State of Punjab, AIR 1959 SC 484 (487): 1959 Supp (1) SCR 724. [Criminal PC (5 of 1898), s. 208] The Court has power to summon material witness, or examine person present if his evidence appears to be essential for the just decision of the case (CrPC, s. 311)....
To enforce any right or supposed right
To enforce any right or supposed right, in order to attract the provisions of s. 149 the prosecution must establish that there was an unlawful assembly and that the crime was committed in prosecution of the common object of the assembly. The assertion of a right of private defence within the limits prescribed by law cannot fall within the expression 'to enforce any right or supposed right' in the fourth clause of s. 141. The assembly could not be designated as an unlawful assembly if its object was to defend property by the use of force within the limits prescribed by law, State of Bihar v. Nathu Pandey, AIR 1970 SC 27: (1969) 2 SCC 207: (1970) 1 SCR 358....
Circumstantial evidence
Circumstantial evidence, presumptive proof when the fact itself is not proved by direct testimony, but is to be inferred from circumstances, which either necessarily or usually attend such facts. It is obvious that a presumption is more or less likely to be true according as it is more or less probable that the circumstances would not have exited unless the fact which is inferred from them had also existed; and that a presumption can only be relied on until the contrary is actually proved. Circumstantial evidence has, in some instances, undoubtedly been found to produce a much stronger assurance of a prisoner's guilt than could have been produced by more direct and positive testimony. As a general principle, however, it is true that positive evidence of a fact from credible eye-witnesses is the most satisfactory that can be produced; and the universal feeling of mankind leans to this species of evidence in preference to that which is merely circumstantial. If positive evidence of a fac...
Brothel
Brothel [fr. bordel, Fr.], a habitation of prostitutes. To keep one is an offence at Common Law, the prosecution of which by indictment is specially encouraged by the (English) Disorderly Houses Act, 1751 (25 Geo. 2, c. 36), s. 5, and the prosecution of which by summary proceedings before justices of the peace is allowed by the (English) Criminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69). Further provision for the suppression of brothels is made by the (English) Criminal Law Amendment Acts, 1912 and 1922. For a person licensed to sell intoxicating liquor to permit his premises to be a brothel, the penalty is up to 20l. fine, forfeiture of license, and perpetual disqualification for holding another, by s. 15 of the (English) Licensing Act, 1872. A woman who keeps a house for the purpose of prostitution with herself alone cannot be convicted of keeping a brothel, Singleton v. Ellison, (1895) 1 QB 607.Includes any house, room, [conveyance] or place or any portion of any house, room [c...
closing argument
closing argument : the final address to the jury by the attorney for each side of a case in which the attorney usually summarizes the evidence and his or her client's position called also closing statement final argument summation summing-up NOTE: Rule 29.1 of the Federal Rules of Criminal Procedure requires the prosecution to open the closing argument after the closing of the evidence. The defense replies, and the prosecution may offer a rebuttal. ...
Bread
Bread. The Acts (see Chitty's Statutes, tit. 'Bread') relating to the sale of bread are the London Bread Act, 1822 (3 Geo. 4, c. cvi.) (metropolis), now repealed; and the Bread Act, 1836 (6 & 7 Wm. 4, c. 37), which, by s. 4 (as to which see Cox v. Blaines, (1902) 1 KB 670, explained in Mattinson v. Binley, (1908) 2 KB 534), prescribes that bread, 'except French, or fancy bread (as to which see Bailey v. Barsby, (1909) 2 KB 610) or rolls,' must be sold by weightm etc.; but the Weights and Measures Act, 1889 (52 & 53 Vict. c. 21), s. 32, makes a request by the purchaser an essence of the offence of refusal to weigh in the case of bread carried out in a cart, See Evans v. Jones, (1909) 99 LT 799; Lyons & Co. v. Houghton, (1915) 1 KB 489.S. 8 of the Act of 1836 enacts that the names, addresses and offences of bakers and others convicted of adulterating bread may be directed by the convicting justices to be published in some newspaper. S. 14 prohibits Sunday baking, and the consents for pro...
prosecutor
prosecutor 1 : a person who institutes a prosecution (as by making an affidavit or complaint charging the defendant) 2 : a government attorney who presents the state's case against the defendant in a criminal prosecution ...
Jury
Jury [fr. jurata, Lat.; jure, Fr.], a number of persons sworn to deliver a verdict upon evidence delivered to them touching the issue.Trial by jury may be traced to the earliest Anglo-Saxon times. One of the judicial customs of the Saxons was that a man might be cleared of an accusation of certain crimes, if an appointed number of persons (juratores, or more properly compurgatores) came forward and swore to a veredictum, that they believed him innocent. It is remarkable that for accusations of any consequence among the Saxons on the continent, twelve juratores was the number required for an acquittal. Similar customs may be observed in the laws of Athens and Rome, where dikaotai and judices answer to jurors, an of the continental Angli and Frisiones, though the number of jurors varied.See, as to the introduction and growth of trial by jury in England, Forsyth's History of Trial by Jury; and for comments on and proposed amendments of the law, see Erle's Jury Laws and their Amendment, pu...
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