Retrial - Law Dictionary Search Results
Home Dictionary Name: retrialretrial
retrial : a trial of a matter already tried NOTE: A retrial is barred by double jeopardy following a mistrial for which there was no manifest necessity. ...
Appeal
Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...
de novo
de novo [Medieval Latin, literally, from (the) new] : over again : as if for the first time: as a : allowing independent appellate determination of issues (as of fact or law) [a de novo review] b : allowing complete retrial upon new evidence compare abuse of discretion, clearly erroneous NOTE: A de novo review is an in-depth review. Decisions of federal administrative agencies are generally subject to de novo review in the U.S. District Courts, and some lower state court decisions are subject to de novo review at the next level. ...
implied acquittal
implied acquittal : an acquittal of a more serious offense (as first-degree murder) that is considered to result from a verdict which convicts the defendant of a lesser included offense while remaining silent on the greater one NOTE: A greater offense and a lesser included offense are the same offense under a double jeopardy analysis. Therefore, a conviction of a lesser included offense and implied acquittal of the greater offense bars retrial on the greater offense. ...
overreaching
overreaching 1 : conduct that exceeds established limits (as of authority or due process) [claimed that by the prosecution barred a retrial because of double jeopardy] 2 : the gaining of an unconscionable advantage over another esp. by unfair or deceptive means [if the contract was void for traditional reasons such as fraud or "Lugassy v. Independent Fire Ins. Co., 636 So. 2d 1332 (1994)"] ...
Retrial
A secdond trial experiment or test a second judicial trial as of an accused person...
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