The Sentence Imposed - Law Dictionary Search Results
Home Dictionary Name: the sentence imposed Page: 2Special reasons
Special reasons, the words 'special reasons' in the context in which they are used could only means special to the accused on whom sentence is being imposed. 'Special reasons' in the context of sentencing process must be special to the accused in the case or special to the facts and the circumstances of the case in which the sentence is being awarded, Meet Singh v. State of Punjab, AIR 1980 SC 1141 (1143). [Prevention of Corruption Act (2 of 1947), s. 5(2) Proviso]...
Trade Union
Trade Union. The Acts 30 & 31 Vict. cc. 8, 74, provided for facilitating the proceedings of a commission appointed by Queen Victoria to inquire into and report on the organization and rules of trade unions, and other associations of employers and workmen. The (English) Trade Union Act, 1871 (34 & 35 Vict. c. 31), provides:-S. 2. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.'S. 3. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.'S. 4. 'Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for breach of any of the following agreements, namely,(1) Any agreement between members of a trade union as su...
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
condemn
condemn 1 : to impose a penalty on ;esp : to sentence to death 2 : to adjudge unfit for use or consumption 3 : to declare convertible to public use under the right of eminent domain : take con·dem·nable [kən-dem-nə-bəl, -de-mə-] adj con·dem·na·tion [kÄ n-dem-nā-shən] n con·demn·er or con·dem·nor [kən-de-mər, -dem-nȯr] n ...
presentence report
presentence report : a report prepared by a probation officer upon conviction of a defendant that assists the sentencing court in imposing an appropriate sentence NOTE: The information contained in a presentence report includes the defendant's prior criminal history (if any) and relevant (as financial) circumstances, the appropriate classification of the defendant and of the offense under the established classification system, the kinds and range of sentences and programs available, and the impact of the offense on the victim. ...
acceptance of responsibility
acceptance of responsibility :a convicted federal defendant's acknowledgment of and remorse for his or her crime such that the sentencing judge has the discretion under the federal sentencing guidelines to reduce the offense level and so impose a less severe sentence ...
general court-martial
general court-martial : a court-martial consisting of a military judge and usually at least five members and having authority to impose a sentence of dishonorable discharge or death compare special court-martial, summary court-martial ...
special court-martial
special court-martial : a court-martial that consists of at least three officers, a trial judge advocate, and a defense counsel and that has authority to impose a limited sentence and hear only noncapital cases compare general court-martial, summary court-martial ...
summary court-martial
summary court-martial : a court-martial consisting of one commissioned officer and having authority to impose no sentence in excess of one month's confinement or forfeiture of two-thirds of one month's pay compare general court-martial, special court-martial ...
aggravating circumstance
aggravating circumstance : a circumstance relating to the commission of an act that increases the degree of liability or culpability [punitive damages are recoverable in a conversion case when the evidence shows legal malice, willfulness, insult, or other aggravating circumstances "Schwertfeger v. Moorehouse, 569 So. 2d 322 (1990)"] ;also : a circumstance (as lack of remorse) relating to an offense or defendant that receives consideration by the court esp. in imposing a death sentence compare mitigating circumstance ...
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