Subpoena - Law Dictionary Search Results
Home Dictionary Name: subpoena Page: 6Liquidated demand
Liquidated demand, where an action is brought for the recovery of a liquidated sum the writ of summons may be specially endorsed; see the title LEAVE TO DEFEND....
Life-peerage
Life-peerage. Letters-patent, conferring the dignity of baron for life only, do not enable the grantee to sit and vote in the House of Lords, not even with the usual writ of summons to the House, Resolution of the Committee for Privileges, February 22, 1856. But see LORDS OF APPEAL IN ORDINARY....
Parliamentum indoctum
Parliamentum indoctum (the unlearned Parliament). The Parliament of 6 Hen. 4, which assembled in 1404, into which no lawyer was admitted as a knight of the shire, through the insertion of a prohibition to that effect in the writ of summons framed by Lord Chancellor Beaufort....
Interpellation
Interpellation, a citation or summons...
Inferior Courts (UK)
Inferior Courts (UK). They are the Court baron, the hundred Court, the borough civil Court, the County Court, the Mayor's Court, London, and also all courts of a special jurisdiction; but the county Courts are by far the most important of them. They are all controllable by writ of prohibition if they exceed their jurisdiction. See, further, the Borough and Local Courts of Record Act, 1872 (35 & 36 Vict. c. 86); and as to the jurisdic-tion of such courts, and the rules of procedure in force therein, see also the Judicature Act, 1925, ss. 201-209, and COUNTY COURTS.The (English) Inferior Courts Judgments Extension Act, 1882 (45 & 46 Vict. c. 31), following the procedure of the Judgments Extension Act, 1868, which applies to superiors courts only, renders, to a certain extent, judgments obtained in inferior courts in England, Scotland, and Ireland res-pectively, effectual in any other part of the United Kingdom; but the working of the Act is very much cramped by the provision of s. 10, th...
Hearing
Hearing, an investigation of a controversy. See TRIAL.A judicial session, usu. open to the public, held for purpose of deciding issues of fact or of law, sometimes with witnesses testifying, Black's Law Dictionary, 7th Edn., p. 725.Traditionally, testimony that is given by a witness who relates not what he or she knows personals but what others have said, and that is therefore dependent on the credibility of some one other than witness, Black's Law Dictionary, 7th Edn., p. 725.Word hearing can admit of a very wide and liberal interpretation. It may include recording of evidence, consideration of arguments on some aspect of suit, examination of various questions relating to suit and so on. The essential perquisite is whether the Judge is applying his mind to some aspect of the case. If he is conducting some routine work or passing interlocutory orders, he can't be said to be 'hearing the suit', Sham Lal v. Rajinder Kumar Modi, AIR 1993 J&K 50. In a suit, 'hearing' can be conducted at va...
First hearing of application
First hearing of application, The word first hearing of the application as used in proviso (i) to sub-s. (2) of s. 13 of the East Punjab Urban Rent Restriction Act, 1949 does not mean the day fixed for return of the summons or the returnable day but the day when the Court applies its mind to the case, Sham Lal v. Atma Nand Jain Sabha, AIR 1987 SC 197: (1987) 1 SCC 222: (1987) 1 SCR 509....
Feigned issue
Feigned issue, a proceeding whereby an action was supposed to be brought by consent of the parties to determine some disputed right without the formality of pleading, saving thereby both time and expense. It might be ordered either by a Court of Law of Equity, or by a judge under the repealed Interpleader Act (1 & 2 Wm. 4, c. 58). Before the Gaming Act, 1845 (8 & 9 Vict. c. 109), s. 19, questions of fact were often tried by means of a pretended wager between the parties interested. But by the last-named Act, in every case, where any Court of Law or Equity desired to have any question of fact decided by a jury, the Court might direct a writ of summons to be sued out by such person as it thought ought to be plaintiff, against such person as it thought ought to be defendant, and thereupon proceedings went on as upon a feigned issue. Compare R.S.C. 1883, Ord. XXXIV., R. 9.A proceeding in which the parties, by consent, have an issue tried by jury without actually bringing formal action, Bla...
Evidence
Evidence, proof, either written or unwritten, of allegations in issue between parties.Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, Black's Law Dictionary, 7th Edn., p. 575.The leading rules of evidence are the following:-(1) The sole object and end of evidence is to ascertain the truth of the several disputed facts or points in issue; and no evidence ought to be admitted which is not relevant to the issues. As to when evidence of collateral facts is admissible, see Hales v. Kerr, (1908) 2 KB 601; Butterley Co. v. New Hucknall Colliery Co., (1909) 1 Ch 37. As to acts showing a continuous course of conduct, see R. v. Mortimer, 25 Cr App Cas 150.(2) The point in issue is to be proved by the party who asserts the affirmative; according to the maxim affirmanti non neganti incumbit probatio. See BURDEN OF PROOF.(3) It will be sufficient to prove the substance of the issue.(4) The best evidence must be given ...
Parchment
Parchment, skins of sheep dressed for writing [fr. pergamena, Lat.], so called because invented at Pergamus, in Asia Minor, by King Eumenes, when paper, which was in use in Egypt only, was prohibited by Ptolemy to be transported into Asia. It is used for deeds; and was used for writs of summons previously to November 1, 1875. See Judicature Act, 1875, R.S.C. Ord. V., R. 10; Ord. LXVI., R. 3. As to repeal of provision in Coroners Act, 1887, which maintained the use of parchment in the case of inquisitions by coroners of murder and manslaughter till 1916, see Indictments Act, 1915, Sch. II. Indictments may be on durable paper (ibid., Sch. I.)....
- << Prev.
- Next >>