Suspecting - Law Dictionary Search Results
Home Dictionary Name: suspecting Page 1 of about 72 results ( seconds)Suspecting
Suspecting, is a state of conjecture or surmise where proof is lacking: 'I suspect but I cannot prove' suspicion arises at or near the starting point of an investigation of which the obtaining of prima facie proof is the end' Per Lord Devlin, in Hussein v. Cheng Fook Kam, 1970 AC 942....
suspect class
suspect class : a class of individuals marked by immutable characteristics (as of race or national origin) and entitled to equal protection of the law by means of judicial scrutiny of a classification that discriminates against or otherwise burdens or affects them [a classification that does not impact a suspect class or impinge upon a fundamental constitutional right will be upheld if it is rationally related to a legitimate government interest "Doe v. Poritz, 622 A.2d 367 (1995)"] called also protected class see also suspect classification NOTE: Suspect class and suspect classification are often used synonymously in regard to a group of persons, but suspect class does not refer to the process of classifying itself. ...
suspect
suspect [Latin suspectus, from past participle of suspicere to look up at, regard with awe, suspect, from sub- sus- up, secretly + specere to look at] : regarded or deserving to be regarded with suspicion or heightened scrutiny [səs-pekt] n : a person suspected of a crime ;also : a person apprehended for but not yet charged with an offense [sə-spekt] vt 1 : to imagine (one) to be guilty on slight evidence or without proof 2 : to imagine to exist or be probable [they had reasonable cause to abuse] ...
suspect classification
suspect classification : a statutory classification that is subject to strict scrutiny by the judiciary of its consistency with constitutional equal protection guarantees because it affects a suspect class ;also : suspect class ...
Reason to suspect
Reason to suspect, the expression 'reason to suspect the commission of an offence' would mean the sagacity of rationally inferring the commission of a cognizable offence based on the specific articulate facts mentioned in the First Information Report as well in the Annexures, if any, enclosed and any attending circumstances which may, not amount to proof. In other words, the meaning of the expression 'reason to suspect' has to be governed and dictated by the facts and circumstances of each case and at that stage the question of adequate proof of facts alleged in the first information report does not arise, State of Haryana v. Bhajan Lal, AIR 1992 SC 604 (618): 1992 Supp (1) SCC 335. [Criminal Procedure Code, 1973 s. 157(i)]...
Suspect class
Suspect class, means a class of individuals marked by immutable characteristics (as of race or national origin) and entitled to equal protection of the law by means of judicial scrutiny of a classification that discriminates against or otherwise burdens or affect them called also protected class, Doe v. Poritz, 622 A 2d 367 (1995)....
frisk
frisk : to run the hand rapidly over the outer clothing of (a suspect) for the purpose of finding concealed weapons compare search NOTE: The purpose of frisking a suspect is to insure the safety of an officer making an investigation against concealed weapons, not to uncover evidence. The officer must be justified in his or her encounter of the suspect and must have a reasonable suspicion that the suspect is armed. The scope of the frisk must be limited to the discovery of weapons. frisk n ...
Reasonable and probable cause
Reasonable and probable cause, means genuine belief based on reasonable grounds that the proceedings are justified, ST Sahib v. Hassan Ghani Sahib, AIR 1957 Mad 646.Reasonable and probable cause, such grounds as justify any one in suspecting another of a crime and giving him in custody thereon. Its absence is one of the causes of action in an action for malicious prosecution and its existence is a defence to an action for false imprisonment. After the jury have found the facts, the question whether the facts show a reasonable and probable cause is a question of law, not fact, but the judge may leave that finding to the jury in some cases, McDonald v. Rooke, (1835) 2 Bing (NC) 217. See Addison on Torts; Clerk and Lindsell on Torts. See FALSE IMPRISONMENT; MALICIOUS PROSECUTION.'Reasonable and probable cause' means a genuine belief, based on reasonable grounds, that the proceedings are justified, S.T. Sahib v. N. Hasan Ghani Sahib, AIR 1957 Mad 646.Reasonable and probable cause means an ...
Swearing
Suspicion, denotes the initial stage for believing the existence of a certain thing or an alleged fact is suspicion. After suspecting the existence of a thing, condition or a statement of fact, information is collected and then examined and then a conclusion is arrived at on the basis of that information that the thing, condition or statement or a fact exists, K. Munivelu v. Government of India, AIR 1972 AP 318: (1972) 1 Andh WR 411....
suspicion
suspicion : the act or an instance of suspecting something : a mental state usually short of belief in which one entertains a notion that something is wrong or that a fact exists without proof or on slight evidence see also reasonable suspicion sus·pi·cion·less adj ...
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