Special Referee - Law Dictionary Search Results
Home Dictionary Name: special referee Page 1 of about 10 results (0.004 seconds)Special referee
Special referee. See REFERENCE...
Reference
Reference was the sending of any matter of inquiry by the Court of Chancery to a chief clerk, a taxing master, or a conveyancing counsel, that he might examine it and certify the result to the court. References in cases involving matters of account were also frequently made to the masters of the Courts of Common Law under the (English) C.L.P. Acts.The Judicature Acts and rules did not repeal the powers of reference to masters under the Common Law Procedure Acts [[(English) Judicature Act, 1873, s. 83] (see now (English) Jud. Act, 1925, s. 125), but made provision for attaching to the Supreme Court permanent official referees, and four official referees were appointed shortly before that Act came into operation. To any of such official referees, or to a special referee, questions arising in an action may, by (English) Jud. Act, 1925, ss. 88, 89, be referred: (1) subject to the right to a jury, for inquiry and report; or (2) where the parties consent, and also without such consent in any...
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 ...
master
master 1 : an individual or entity (as a corporation) having control or authority over another: as a : the owner of a slave b : employer compare servant c : principal 2 : an officer of the court appointed (as under Federal Rule of Civil Procedure 53) to assist a judge in a particular case by hearing and reporting on the case, sometimes by making findings of fact and conclusions of law, and by performing various related functions NOTE: Under the Federal Rules of Civil Procedure, a master may be a magistrate or else may be a person with some special expertise in the matter. The word master as used in the Federal Rules encompasses a referee, an auditor, an examiner, and an assessor. If the master makes findings of fact, they are reviewable by the court except when the case is not to be tried to the jury and the findings are clearly erroneous, or when the parties have stipulated that the master's findings are to be final. adj : being the principal or controlling one : governing...
Pension
Pension, an annual allowance made to any one, usually in consideration of past services.By the (English) Succession to the Crown Act, 1707, (6 Anne, c. 7) (c. 41 in the Revised Statutes), and 1 Geo. 1, st. 2, c. 56, no person having a pension under the Crown during pleasure, or for any term of years, is capable of being elected or sitting in the House of Commons.Old Age Pension.--The (English) Old Age Pensions Act, 1908, which was not on a contributory basis, gave to every person the right to a pension who fulfilled certain conditions. The Act, with the amending (English) Old Age Pensions Acts, 1911, 1919 and 1924, has been repealed by the (English) Consolidating Old Age Pensions Act, 1936 (26 Geo. 5 and 1 Edw. 8, c. 31). These conditions are contained in s. 2 of the Act of 1936, as follows:-2. The statutory conditions for the receipt of an old age pension by any person are--(1)The person must have attained the age of seventy, or in the case of a blind person, the age of fifty.(2)The p...
Arbitration
Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...
Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
Assessors
Assessors, literally those who sit by the side of another: persons appointed to ascertain and fix the value of taxes, rates, etc. Also persons sometimes associated with judges of courts to advise and direct the decisions of such judges.By the (English) Judicature Act, 1925, s. 98, replacing the (English) Judicature Act, 1873, s. 56, the High Court or the Court of Appeal may, when it may think it expedient other than in a criminal proceeding by the Crown, call in the aid of one or more assessors specially qualified, and try and hear the matter in question wholly or partially with the assistance of such assessors. By the County Courts Act, 1934, s. 88, replacing the County Court Admiralty Jurisdiction Act, 1868, s. 14, provision is made for the appointment of assessors of 'natural skill and experience' in Admiralty actions, and such assessors frequently sit in county courts under the powers of this Act.Schedule II. of the (English) Workmen's Compensa-tion Act, 1925, gives a county court ...
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
Supreme Court of Judicature
Supreme Court of Judicature. By Judicature Act, 1925, s. 1, there shall be a Supreme Court of Judicature in England consisting of His Majesty's High Court of Justice (referred to as the High Court), and His Majesty's Court of Appeal (referred to as the Court of Appeal).Formerly, by the (English) Supreme Court of Judicature Act, 1873, ss. 3 and 4 (amended by (English) Jud. Act, 1875, s. 9), it was enacted that from the commencement of that Act (November 1, 1875: see Judicature Act, 1875, s. 2) the court of Chancery of England, the Court of Queen's Bench, the Court of Common Pleas at Westminster, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court for Divorce and Matrimonial Causes, should be united and consolidated together, and should constitute one Supreme Court of Judicature in England; the said Supreme Court to consist of two permanent Divisions, being 'Her (now His) Majesty's High Court of Justice' and 'Her (now His) Majesty's Court of Appeal.'S...
- << Prev.
- Next >>