Same Matter - Law Dictionary Search Results
Home Dictionary Name: same matter Page: 2Challenge
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...
concurrent
concurrent 1 : occurring, arising, or operating at the same time often in relationship, conjunction, association, or cooperation [the power of taxation in the general and state governments is acknowledged to be "McCulloch v. Maryland, 17 U.S. 316 (1819)"] [a tortious act] see also concurrent cause at cause concurrent sentence at sentence 2 : insuring the same property to the same extent under identical terms [ fire policies] 3 : exercised over the same matter or area by two different authorities see also concurrent jurisdiction at jurisdiction concurrent power at power con·cur·rent·ly adv ...
Action of a writ
Action of a writ, a phrase used when a defendant pleads some matter by which he shows that the plaintiff had no cause to have the writ which he brought, although it may be that he is entitled to another writ or action for the same matter, Termes de la Ley....
in pari materia
in pari materia [Late Latin, in a like matter] : on the same subject or matter : in a similar case NOTE: It is a doctrine in statutory construction that statutes that are in pari materia must be construed together. ...
res inter alios acta
res inter alios acta [Late Latin, literally, thing done among others] : something transacted between other parties NOTE: This term is used in reference to matters not involving the same parties as those in litigation. Evidence of such matters is generally inadmissible. ...
Judicial review
Judicial review, is not only concerned with the merits of the decision but also of the decision-making process. It intends to protect the individual against the misuse or abuse of the power by a wide range of authorities. Judicial review is a protection to the individual and not at weapon, Kartar Singh v. State of Punjab, (1994) 3 SCC 569 (738).Means to look again main object of granting a review of judgment in reconsideration of the same matter by the same judge under certain conditions (CPC, 1908, s. 114)Judicial Review, is the power of the court to review statutes or administrative acts and determine their constitutionality. The examination of Federal and State Legislative Statutes and the acts of executive officials by the courts to determine their validity according to written Constitution, Dictionary of Political Science, Joseph Dunner, 1965, p. 285.In England the judiciary has no power to review the laws made by Parliament, Limited Government and Judicial Review, D.D. Basu, p. 2...
Analogy
Analogy, identity or similarity of proportion: where there is no precedent in point, in cases on the same subject, lawyers have recourse to cases in a different subject-matter but governed by the same general principle. This is reasoning by analogy. See COMMON LAW, and remark of Parko, J., in Mirehouse v. Rennell, (1830) 8 Bing. At p. 515....
Joinder of causes of action
Joinder of causes of action, coupling two or more matters in the same suit or proceeding.Under the (English) C.L.P. Act, 1852, s. 41, causes of action, of whatever kind, provided they were by and against the same parties and in the same rights, might be joined in the same suit; but this did not extend to repelling or ejectment; and where two or more of the causes of action so joined were local, and arose indifferent counties, the venue might be laid in either of such counties, but the court or a judge had power to prevent the trial of different causes of action together if such trial wound be inexpedient, and in such case such court or judge might order separate records to be made up, and separate trials to be had. The joinder in one bill in equity of distinct and independent matters, which was termed multifariousness, was a ground of objection to the bill. See MULTIFARIOUSNESS.By (English) R.S.C. 1883, Ord. XVIII., the plaintiff may in many cases unite in the same action and the same ...
Cross-examination
Cross-examination, the examination of a witness by the opposite side, generally after examination in chief, but some times without such examination; as in the case of an examination on the voir dire, which is in the nature of a cross-examination (see VOIR DIRE); and also if one party calls a witness,and he is sworn, the other party may cross-examine him, although the party who has called him put no question at all to him. Some times questions in cross-examination are allowed by the judge after re-examination. See RE-EXAMINATION. And if a witness be called to prove some preliminary and collateral matter only, as the handwriting of a document tendered in evidence, he is a witness in the cause, and may be cross-examined as to any of the issues in the cause.As to theform of the cross-examination, leading questions are allowed, which is not the case in examination in chief.The questions must be relevant to the issue (see infra), but great latitude is allowed, as a question seemingly irrelev...
Title, Covenants for
Title, Covenants for. In every conveyance of real or personal property expressed to be conveyed by the instrument of conveyance made on or after the 1st January, 1882, and in regard to assents by personal representatives, after 1925, of land, certain 'covenants for title' (being for the most part usually expressed in the conveyance before that date), of which the following is an abstract, are implied by virtue of the 7th s. of the (English) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), replaced and extended by the (English) Law of Property Act, 1925, s. 76, and 2nd Sch., but in the following cases A and B the covenants are limited, while in cases C and D they are unqualified and absolute, see David v. Sabin, (1893) 1 Ch 523:-(A) In a conveyance for valuable consideration other than a mortgage by a person expressed to convey as beneficial owner:-That, notwithstanding anything done, omitted, etc., by the person conveying, or anyone through whom he derives title otherwise than by purchase...
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