Re Form - Law Dictionary Search Results
Home Dictionary Name: re formRe form
To give a new form to to form anew to take form again or to take a new form as to re form the line after a charge...
res gestae
res gestae [Latin, things done, deeds] 1 : the acts, facts, circumstances, statements, or occurrences that form the environment of a main act or event and esp. of a crime and are so closely connected to it that they constitute part of a continuous transaction and can serve to illustrate its character [the decedent's statement…was too far removed in time and place to be admissible as part of the res gestae "Lynch v. State, 552 N.E.2d 56 (1990)"] 2 a : an exception or set of exceptions to the hearsay rule that permits the admission of hearsay evidence regarding excited utterances or declarations relating to mental, emotional, or bodily states or sense impressions of a witness or participant compare dying declaration and spontaneous declaration at declaration, excited utterance NOTE: Res gestae in common law encompassed a variety of different exceptions to the hearsay rule, but most modern rules of evidence (as the Federal Rules of Evidence) have abandoned use of res gestae and...
Re
A prefix signifying back against again anew as recline to lean back recall to call back recede remove reclaim to call out against repugn to fight against recognition a knowing again rejoin to join again reiterate reassure Combinations containing the prefix re are readily formed and are for the most part of obvious signification...
Benigne faciend' sunt interpretationes, propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni non ' contra debent inservire
Benigne faciend' sunt interpretationes, propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni non ' contra debent inservire. Co. Litt. 36.-(Constructions are to be made liberally, on account of the simplicity of the laity, that the thing may rather avail than perish; and words ought to serve the intention, not contrariwise.) These maxims relate to the mode of interpreting written instruments. The judges will rather apply the words of a document to fulfil its lawful intent, than destroy such intent because of insufficient language, for to the intention, when once discovered, all technical forms of expression must give way.See the maxims very fully illustrated in Broom's Legal Maxims, it being said that, notwithstanding qualifications and restrictions, the maxims 'are undoubtedly the most important and comprehensive which can be used for determining the true construction of written instruments.'...
Jus jurandi forma verbis differt, re convenit; hunc enim sensum habere debet, ut Deus invocetur
Jus jurandi forma verbis differt, re convenit; hunc enim sensum habere debet, ut Deus invocetur. Grotius, 1. 2, c. xiii. s. 10.-(The form of taking an oath differs in language, agrees in meaning; for it ought to have this sense, that the Deity is invoked.) See OATH...
Res inter alios acta alteri nocere non debet
Res inter alios acta alteri nocere non debet (a trans-action between strangers ought not to injure another party), e.g., the sworn evidence of a witness in one cause cannot be made available in another cause between other parties. consult Best on Evidence, bk. 3, pt. 2, ch. 5, where it is pointed out that the maxim, in many varying forms, was well known both in the Civil and Canon Law; and see also Broom's Legal Maxims, citing the Duchess of Kingston's case, (1771) 20 How St Tr 335; 2 Sm LC, and other cases in illustration of the rule, and Higham v. Ridgway, (1808) 10 East, 109; 2 Sm LC, and other cases in which entries of a deceased stranger declarant against his interest, or in the course of his business, have been held admissible, in illustration of the exceptions....
Re formation
The act of forming anew a second forming in order as the reformation of a column of troops into a hollow square...
Re-entry
Re-entry, the resuming or retaking that possession which one has lately foregone. A clause of this nature, called a 'proviso for re-entry,' is inserted in every properly drawn lease, empowering the lessor to re-enter upon the demised premises if the rent is in arrear for a certain period, e.g., twenty-one days, or if there shall be any breach of the lessee's covenants. A proviso for re-entry, strictly speaking, is only applicable to corporeal hereditaments; see Sitwell v. Londesborough (Earl of), (1905) 1 Ch 465. A proviso for re-entry for breach of covenant has been denounced by a judge of the greatest eminence as 'a most odious stipulation', Hodgkinson v. Crowe, (1875) LR 10 Ch 626, per Sir Wm. James, L.J., but in practice is certainly common enough. A proviso confined to the case of non-payment of rent is a 'usual' stipulation: see Re Anderton, (1890) 45 Ch D 476. A lease under the Settled Land Act, 1882, must contain a condition of re-entry on the rent not being paid within a speci...
Res judicata
Res judicata, a final judgment already decided between the same parties or their privies on the same question by a legally constituted Court having jurisdiction is conclusive between the parties, and the issue cannot be raised again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4 M&S 21. A matter which is res judicata cannot be further gone into; but if the decision was obtained by fraud it can be set aside, Cole v. Langford, (1898) 2 QB 36. Criminal proceedings do not constitute a res judicata as regards civil proceedings arising out of the same facts, Caione v. Palace Shipping Co., (1907) 1 KB 670; and see also Anderson v. Collinson, (1901) 2 KB 107. See ESTOPPEL.When it is said that a previous decision is res judicata, it is meant that the right claimed has been adjudicated upon and cannot again be placed in contest between the same parties. A previous decision of a competent Court on fact which are the foundation of the right and the relevant law appli...
Re-development areas
Re-development areas. By ss. 34 et seq. of the (English) Housing Act, 1936, a local authority may acquire an area of land by agreement or compulsorily for houses for the working classes if after an inspection for the purposes of detecting overcrowding under s. 1 of the Act or otherwise the authority is satisfied that the area contains fifty or more working class houses, of which at least one-third are overcrowded or unfit for human habitation, and that the industrial and social conditions of the district are such that the area should be used for working-class houses and that the area should be re-developed as a whole for their accommodation. The authority must in those conditions prepare a re-development plan by reference to a map to be submitted to the Minister of Health for approval, and the Minister must hold a public inquiry if there is any objection, before giving or withholding or modifying the plan; in any other case approval may be given, qualified or withheld at the Minister''...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial