State V Note - Law Dictionary Search Results
opinion
of Cheyenne, 843 P.2d 1190 (1992)"] NOTE: Advisory opinions are issued esp. by administrative agencies and by some state courts. Federal courts are constrained by the U.S. Constitution to deciding only cases or controversies and cannot issue … which were not brought before this Court would be to issue an advisory opinion "JBC of Wyoming Corp. v. City of Cheyenne, 843 P.2d 1190 (1992)"] NOTE: Advisory opinions are issued esp. by administrative agencies and by
federal common law
federal common law : case law developed in the federal courts see also Erie Railroad Co. v. Tompkins in the Important Cases section NOTE: Federal common law is applied primarily in admiralty and maritime cases, … the Important Cases section NOTE: Federal common law is applied primarily in admiralty and maritime cases, disputes between states, matters of international relations, and in cases regarding the proprietary interests of the U.S. Federal common law is
double jeopardy
Amendment V to the Constitution in the back matter compare merger NOTE: The Fifth Amendment to the Constitution states that no person shall “be subject for the same offense to be twice put in jeopardy of life
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additur
jury's award of damages which the court deems insufficient compare remittitur NOTE: The Supreme Court held in Dimick v. Schiedt, 293 U.S. 474 (1935) that additur violates the Seventh Amendment and so is not permissible in federal … U.S. 474 (1935) that additur violates the Seventh Amendment and so is not permissible in federal courts. Many state courts allow additur, however, when the defendant agrees to the increased award on the condition that the court
Frye test
or procedures have gained general acceptance in the particular field to which they belong called also Frye rule NOTE: In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), the Supreme Court held that the Federal Rules … Frye test [from United States v. Frye, 293 F. 1013 (1923), the case that established the rule] : a common-law rule of evidence:
obligation
pay a particular amount of money [does not create a debt, liability, or other , legal or moral "State v. Florida Dev. Fin. Corp., 650 So. 2d 14 (1995)"] ;also : an amount owed in such a commitment … to a performance (as a payment or transfer) or nonperformance for another party see also contract, offense, quasi-offense NOTE: An obligation under civil law may arise by operation of law, naturally, or by contract or other declaration
Offence
of court is not an offence within the meaning of s. 5(2) of the Code of Criminal Procedure, State v. Padma Kant Malviya, AIR 1954 All 523 (537) (FB). Even breaches of the Customs laws entailing a monetary … as any act or omission made punishable by any law for the time being in force. The marginal note of our Article 20 is 'protection in respect' of conviction for offences'. The presence of the words 'conviction'
Trust
ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All). Trust, is a trust for public purposes, the substances and primary … (see Trustee Act, 1925, s. 36). As to the discretion of the Court, see s. 41 (ibid.) and notes to the ss. in Wolst. and Ch. Conveyancing Statutes, Vol. II. Formerly an alien could not be a
issue
specifically regarding the application of law to a case [instructed the jury on various issues of law "United States v. Levine, 41 F.3d 607 (1994)"] c : the point at which a legal matter is ready for … judgment because sufficient evidence exists to support a verdict for the party opposing the motion for summary judgment NOTE: The burden is on the party moving for summary judgment to show that no genuine issue is in
attach
a right [the right to counsel es only at or after the initiation of adversary judicial proceedings "United States v. Gouveia, 467 U.S. 180 (1984)"] see also jeopardy at·tach·able adj at·tach·ment n … officer of the court (as a sheriff) to seize or take control of the property compare garnish, levy NOTE: A plaintiff may attach a defendant's property as a way of obtaining jurisdiction for the purpose of bringing
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