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Substituted Judgment - Law Dictionary Search Results

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substituted judgment

Matched in: Term substituted judgment

Sheriff-substitute (In Scotland)

Scotland), the resident judge ordinary of the county, discharging the duties of the sheriff principal, by whom his judgment is in most cases subject to review, Bell's Scots Law Dict.

Supreme Court of Judicature

intending to combine the brevity of the Common Law system with the specific character of equity drafting, were substituted for those previously existing; special power was given under 'Order XIV.' To a plaintiff to sign judgment for

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mandamus

and is issued usually only to command the performance of a ministerial act. It cannot be used to substitute the court's judgment for the defendant's in the performance of a discretionary act. mandamus vb

Reserving points of law

1875. But s. 17 of the Appellate Jurisdiction Act, 1876, and R.S.C. Ord. XXXVI., r. 22A (now rescinded), substituted for this procedure the argument of the point on 'further consideration' before the judge himself, and now by … judge himself, and now by R.S.C. Ord. XXXVI., r. 39, the judge shall, at or after trial, direct judgment to be entered as he shall think right, and no motion for judgment shall be necessary. As to

Masters of the Supreme Court

of the Chief Clerks of the Chancery judges, the title of 'Master of the Supreme Court' having been substituted for that of 'Chief Clerk in 1897. Under the present system there are three sets of Chancery Chambers, … of the Masters are to hear summonses for directions, take accounts and answer inquiries pursuant to directions in judgments and orders, etc.; see Ord. LV., rr. 15 et seq. There is a third class of masters who

New trial

New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy … vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to

represent

a : to describe as having a specified character or quality b : to give one's impression and judgment of : state in a manner intended to affect action or judgment … represent 1 : to substitute in some capacity for : act the part of, in place of, or for (as another person) usually

Distringas

was abolished by the (English) C.L.P. Act, 1852, s. 24, and the practice provided for by s. 17 substituted in its stead. (2) A distringas nuper vicecomitem, to compel the late sheriff to sell goods, etc., or … show cause why they should not be delivered; and if the defendant still continued obstinate, then (if the judgment had been by default or on demurrer) the sheriff summoned an inquest to ascertain the value of the

Quo warranto

[see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of … 2 KB 205. If the defendant be adjudged guilty of an intrusion or usurpation, the Court may give judgment of ouster against him, fine him, and ordr him to pay costs to the relator. See Com. Dig.,

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