Special Judge - Law Dictionary Search Results
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special judge : a judge appointed to serve when a sitting judge is unable or unqualified to serve ...
Judge Advocate, Judge Advocate-General
Judge Advocate, Judge Advocate-General. The Judge Advocate-General is an officer appointed by letters-patent under the Great Seal. He is under the orders of the Secretary of State for War to whom he acts as legal adviser. One of his functions is to review Court-martial proceedings. All general military courts-martial are attended by a judge advocate acting by deputation, either special or general, under the hand and seal of the judge advocate-general; or by a person appointed by general officers commanding the forces abroad, to execute the office of judge advocate. The duties of an officiating judge advocate at a Court-martial are to superintend the proceedings, to make a minute of the proceedings, and to advise the Court on points of law, of custom, and of form, and so far to assist the prisoner as to elicit a full statement of the facts material to the defence. The proceedings of general courts-martial held at home are trans-mitted by the officiating judge advocate to the judge advoc...
Tried
Tried, the term tried means that the Special judge has applied his mind to the documents submitted by the prosecution, AIR 1967 Raj 221 (224). [Criminal Law Amendment Act (22 of 1966), s. 11]The word 'tried' in s.494 of the Code is not used in any limited sense and the s. is wide enough to cover every kind of inquiry and trial, and applicable to all cases which are capable of terminating either in a discharge or in an acquittal according to the stage at which the application for withdrawal is made, State of Bihar v. Ram Naresh Pandey, AIR 1957 SC 389: (1957) SCR 279....
Special case
Special case. By (English) R.S.C. 1883, Ord. XXXIV., the parties may, after writ issued, concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court, and 'if it appear to the Court or a judge that there is in any action a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or an arbitrator, the Court or judge may make an ordr accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case, or in such other manner as the Court or judge may deem expedient.' Similar power is given to referees to state a case by Ord. XXXVI., r. 52, and see the (English) Administration of Justice Act, 1932 (22 & 23 Geo. 5, c. 55). As to special case before the Judicature Acts, see (English) C.L.P. Act, 1852, ss. 42-48, and 13 & 14 Vict. c. 35 [(English) Turner's Act]. Where ...
Special jury
Special jury, a jury consisting of persons who, in addition to the ordinary qualifications, are of a certain station in society as esquires, bankers, merchants, etc. The Jurors Act, 1870, s. 6, provides that every man whose name shall be on the jurors' book for any county in England or Wales, or for the county of the City of London, and who shall be legally entitled to be called an esquire, or shall be a person of higher degree, or shall be a banker or merchant, or who shall occupy a private dwelling-house rated or assessed to the poor rate, or to the inhabited house duty, on a value of not less than 100l. in a town containing, according to the census then next preceding the preparation of the jury list, 20,000 inhabitants and upwards, or rated or assessed to the poor rate, or to the inhabited house duty, on a value of not less than 50l. elsewhere, or who shall occupy premises other than a farm, rated or assessed as aforesaid on a value of not less than 100l., or a farm rated or assess...
Case stated
Case stated, a narrative (agreed upon by both parties to an action, or drawn up by an impartial person agreed upon by them or settled by the Court or a judge) setting forth the facts and points in dispute, with a view to a prompt decision. By R.S.C. 1883, Ord. XXXIV., the parties after writ may concur in stating questions of law in the form of a special case, or if it appear to the court or a judge from the pleadings or otherwise that there is a question of law which it would be convenient to have decided in that manner, they or he may order a special case to be stated. See Special Case.As to cases stated by justices of the peace on points of law only for the High Court, see (English) Summary Jurisdiction Act, 1857 (20 & 21 Vict. c. 43), (English) Review of Justices Decisions Act, 1872 (35 & 36 Vict. c. 26), and (English) Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 33; see also Arbitration; Chitty's Statutes, tit. Justices'; and see R. v. Woodcock, (1907) 2 KB 104....
Assize, or assise
Assize, or assise [fr. assideo, Lat., to sit together; whence assire, O. Fr., to set, assis, set, seated, sealed], anciently a statute or ordinance, e.g., Assize of Clarendon; also a jury, who sit together for the purpose of trying a cause, or rather a Court of jurisdiction which summons jury by a commission of assize to take the assizes. Hence the judicial assemblies, held by the king's commission in every county as well to take indictments as to try causes at Nisi Prius, are commonly termed the assizes. There are two commissions. (I.) General, which is issued twice a year to the judges being usually assigned to every circuit. See CIRCUITS. The judges have four several commissions: (1) of oyer and terminer, directed to them and many other gentlemen of the county, by which they are empowered to try treasons, felonies, etc. This is the largest commission. (2) Of gaol delivery, directed to the judges and the clerk of assize or associate, empowering them to try every prisoner in the gaol ...
High Steward, Court of the Lord
High Steward, Court of the Lord, a tribunal instituted for the trial of peers or peeresses indicted for treason or felony, or for misprision of either, but not for any other offence. The office of Lord High Steward is very ancient, and was formerly hereditary, or held for life, or dum bene se gesserit; but it has been for many centuries granted pro hac vice only, and always to a lord of Parliament. When, therefore, such an indictment is found by a grand jury of freeholders in the King's Bench, or at the assizes before a judge of oyer and terminer, it is removed by a writ of certiorari into the Court of the Lord High Steward, which alone has power to determine it.The sovereign, in case a peer be indicted for treason, felony, or misprision, appoints a Lord High Ste-ward pro vice, by commission under the Great Seal, which, reciting the indictment so found, gives him power to receive and try it secundum legem et consuetudinem Angli'. When the indictment is regularly removed by certiorari, ...
Verdict
Verdict [fr. vere dictum, Lat.], the determination of a jury declared to a judge.1. A jury's finding or decision on factual issue of a case 2. Loosely, in a non jury trial, a judge's resolution of the issues of a case.The verdict is either general or special. A general verdict is given, viva voce, by the jury, thus, 'We find for the plaintiff, damages -,' or, if for the defendant, then, 'We find for the defendant.' In criminal cases a general verdict is either Guilty, or Not Guilty. If there be several issues, the verdict may be distributed, some issues being found for the plaintiff and others for the defendant. A verdict must comprehend the whole issues submitted to a jury in the particular cause, otherwise the judgment founded upon it may be reversed. See SPECIAL VERDICT; PREVERSE VERDICT....
Justices
Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...
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