Right To Begin - Law Dictionary Search Results
Home Dictionary Name: right to beginRight to begin
Right to begin. If the affirmative of the issue is on the plaintiff, he, in general, has a right to begin. If in replevin the defendant avow for rent in arrear, and the plaintiff reply reins in arrear, the plaintiff must begin. In any action where the plaintiff seeks to recover damages of an unascertained amount, he is entitled to begin, though the affirmative be with the defendant.In considering, however, which party ought to begin, it is not so much the form of the issue which is to be considered as the substance and effect of it, and the judge will consider what is the substantial fact to be made out, and on whom it lies to make it out. And it seems that, as a general rule, the party entitled to begin is he who would have a verdict against him if no evidence were given on either side.In the Court of Appeal, and in all other civil appeals, the appellant's counsel begins.On an appeal to quarter sessions from the petty sessions, the person who appears in support of the order of the mag...
Begin, right to
Begin, right to. See RIGHT TO BEGIN. This right rests with the party on whom is the onus of proving the affirmative. See Best on Evidence, sect. 637....
right of action
right of action 1 : a right to begin and prosecute an action in the courts (as for the purpose of enforcing a right or redressing a wrong) 2 : chose in action at chose ...
Miranda rights
Miranda rights [from Miranda v. Arizona, the 1966 U.S. Supreme Court ruling establishing such rights] : the rights (as the right to remain silent, to have an attorney present, and to have an attorney appointed if indigent) of which an arresting officer must advise the person being arrested see also Miranda v. Arizona in the Important Cases section NOTE: A reading of the Miranda rights usually includes a warning that anything said could be used as evidence. No statements made by an arrested person or evidence obtained therefrom may be introduced at trial unless the person was advised of or validly waived these rights. A fresh reading of the Miranda rights may be required by the passage of time after the initial reading, as for example if a previously silent person begins to speak or police interrogate a person more than once. ...
Petition of Right
Petition of Right, 3 Car. 1, c. 1, a parliamentary declaration of the liberties of the people, assented to by Charles I. in the beginning of his reign.In the first Parliament of Charles I., which met in 1626, the Commons refused to grant supplies until certain rights and privileges of the subject, which they alleged had been violated, should have been solemnly recognised by a legislative enactment. With this view they framed a petition to the king, in which, after reciting various statutes by which their rights and privileges were recognized, they prayed the king 'that no man be compelled to make or yield any gift, loan, benevolence, tax, or suchlike charge, without common consent by Act of Parliament; that none be called upon to make answer so to do; that freemen be imprisoned or detained only by the law of the land, or by due process of law, and not by the king's special command, without any charge; that persons be not compelled to receive soldiers and mariners into their houses agai...
Opening the case
Opening the case. On a trial before a jury the party who upholds the affirmative of the issue begins, in conformity with the Civil Law maxim: Ei incumbit probatio, qui dicit, non qui negat; cum, per rerum naturam, factum negantis probatio nulla sit, Cod. 4. See RIGHT OF BEGIN....
Beginning
The act of doing that which begins anything commencement of an action state or space of time entrance into being or upon a course the first act effort or state of a succession of acts or states...
Right
Right [fr. recht, Teut.; rectus, Lat. The application of the same word to denote a staight line and moral rectitude of conduct, has obtained in every language I know, Dugald teward], in its primitive sense, that which the law directs; in popular acceptation, that which is so directed for the protection and advantage of an individual is said to be his right, 1 Stark. Evid. 1, n. (b). It has been described as a liberty of doing or possessing something consistently with law, or more strictly, the liberty of the doing or possessing something for the infringement of which there is a legal sanction. It is often confused in the popular mind with licence of the doing of something which his not prohibited by law, however damaging the act may be to individuals or the community. See MALUM IN SE.A 'right' is a legally protected interest, Mithilesh Kumari v. Prem Behari Khare, AIR 1989 SC 1247 (1255): (1989) 2 SCC 95: (1989) 1 SCR 621.A 'right' is an averment of entitlement arising out of legal rul...
Legal right
Legal right, 'legal right' is a difficult concept, legal right in its strict sense is one which is an assertable claim, enforceable before Courts and administrative agencies; in its wider sense, a legal right has to be understood as any advantage or benefit conferred upon a person by a rule of law; there are legal rights which are not enforceable, though recognized by the law; there are rights recognised by the International Court, granted by international law; but not enforceable; a legal right is a capacity of asserting a secured interest rather than a claim that could be asserted in the Courts, Daniel Hailey Walcott v. State, AIR 1968 Mad 349 (355). (Penal Code, 1860, s. 30)It includes not only rights conferred by statute but also those which may be claimed independently of any statute, Anandrao Laxmanrao Mandloi v. Board of Revenue, AIR 1965 MP 237 (247) (FB).A legal right may be defined as an advantage or benefit conferred upon a person by a rule of law. Immunity in short is no li...
Right and legal right
Right and legal right, 'right' is an interest recog-nised and protected by moral or legal rules. It is an interest the violation of which would be a legal wrong. Respect for such interest would be a legal duty. That is how Salmond has defined the 'Right'. In order, therefore, that an interest becomes the subject of a legal right, it has to have not merely legal protection but also legal recognition. The elements of a 'Legal Right' are that the 'right' is vested in a person and is available against a person who is under a corresponding obligation and duty to respect that right and has to act or forbear from acting in a manner so as to prevent the violation of the right. If, therefore, there is a legal right vested in a person, the latter can seek its protection against a person who is bound by a corresponding duty not to violate that right, Mr. X v. Hospital Z, AIR 1999 SC 495 (499): (1998) 8 SCC 296...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial