Trial Court - Law Dictionary Search Results
Home Dictionary Name: trial court Page: 2remand
remand [Anglo-French remander, from Middle French, to order back, from Late Latin remandare to send back word, from Latin re- back + mandare to order] vt 1 : to return (a case or matter) from one court to another esp. lower court or from a court to an administrative agency [the judgment of the trial court is reversed and the cause ed to the superior court for further proceedings consistent with this opinion "McCarton v. Estate of Watson, 693 P.2d 192 (1984)"] compare affirm 2 : to send (an accused) back into custody by court order (as pending trial) : turn (a prisoner) over for continued detention vi : to return a case to a lower court or other tribunal [the court ed for resentencing "K. A. Cohen"] n 1 : the act of remanding or state of being remanded 2 : an order remanding a case or person ...
remittitur
remittitur [Latin, it is sent back, remitted, third person singular present indicative passive of remittere to send back, remit] 1 a : a procedure under which a court may order the reduction of an excessive verdict ;esp : a procedure in which the court requires the plaintiff to remit the portion of the verdict deemed excessive in lieu of a grant of a defendant's motion for a new trial or of a reversal if the court is an appellate court b : a remission to a defendant by a plaintiff of the portion of a verdict considered excessive by the court c : the formal agreement or stipulation of a plaintiff waiving or releasing the right to receive the portion of a verdict considered excessive compare additur 2 : a sending back of a case and its record from an appellate or superior court to a trial or inferior court for further proceedings (as additional findings of fact) or for entry of a judgment in accordance with instructions or the decision of the higher court ...
Criminal Procedure Act, 1885 (English)
Criminal Procedure Act, 1885 (English) (28 & 29 Vict. c. 18), sometimes called 'Mr. Denman's Act' (Chit. Stat. Tit. 'Evidence': Statutes Revised); an Act, as the Preamble states, assimilating thelaw of evidence and practice on trials for felony and misdemeanour, and other proceedings in courts of criminal judicature, to that on trials at nisi prius, and enacting bys. 1 that-The provisions of s. two of this Act shall apply to every trial for felony or misdemeanor . . . and that the provisions of ss. from 3 to 8 inclusive of this act shall apply to all Courts of Judicature as well criminal as all others, and to all pesons having, by law or by consent of parties, authority to hear, receive,and examine evidence.The italicized words of the above enactment give the Act a great and general importance, especially because ss. 22-27 of the (English) Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), have been repealed by the (English) Statute Law Revision Act, 1892, as beng substantially ide...
Prosecution
Prosecution, a proceeding either by way of indict-ment or information, in the criminal courts, in order to put an offender upon his trial. In all criminal prosecutions the King is nominally the prosecutor. See titles PUBLIC PROSECUTOR and ADVOCATE, LORD.The word 'prosecution' as used in Article 20 contemplated a proceeding of a criminal nature either before a court or a judicial tribunal, Thomas Dana v. State of Punjab, AIR 1959 SC 375: (1959) Supp 1 SCR 274.Means a criminal action; a proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with crime', Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734.Means criminal proceedings in general. It includes all criminal proceedings to which any oral obloque is attached, ST Sahib v. Hasan Ghani Sahib, AIR 1957 Mad 646.Means a person appointed by the government to conduct all prosecutions on behalf of the State, Mansoor v. State of Madhy...
Acquittal
Acquittal, The legal certification usually by jury verdict that an accused person is not guilty of the charged offence. [fr. acquitter, Fr.; quietus, Lat., to free, acquit, or discharged], a deliverance and setting free of a person from the suspicion or guilt of an offence; also to be free from entries and molestations by a superior lord, for services issuing out of lands, Cowel. Acquittal is of two kinds--(1) Acquittal in deed, as when a person is cleared by verdict; and (2) Acquittal in law, as if two be indicted for a felony, the one as principal and the other as accessory, and the jury acquit the principal, by law the accessory is also acquitted, 2 Inst. 384.Means the legal certification, usually by jury verdict, that an accused person is not guilty of the charged offence, Black Law Dictionary, 7th Edn., p. 24.If person is acquitted and ordered to be discharged it is illegal any longer to detain him, and the duty of seeing that he is at once discharged is upon the governor of the p...
submit
submit sub·mit·ted sub·mit·ting vt 1 : to yield or subject to control or authority [to himself to the jurisdiction of the tribal court "Sheppard v. Sheppard, 655 P.2d 895 (1982)"] 2 a : to present or propose to another for review, consideration, or decision ;specif : to commit to a trier of fact or law for decision after the close of trial or argument [the trial court could properly both counts to the jury "Rorie Sherman"] b : to deliver formally 3 : to put forward as an opinion or contention vi 1 : to yield oneself [parties to a contract may agree in advance to to the jurisdiction of a given court "National Equipment Rental, Ltd. v. Szukhent, 375 U.S. 311 (1964)"] 2 : to defer to or consent to abide by the opinion of another ...
High Court of Justice
High Court of Justice. The (English) Judicature Act, 1925, has replaced with amendments the Judicature Act, 1873 (36 & 37 Vict. c. 66). The earlier Act abolished the former Superior Courts of Law and Equity, and in their place established a Supreme Court of Judicature (see that title), consisting of the High Court of Justice and the Court of Appeal. The High Court is now a Superior Court of Record, and has vested in it, by s. 16 of the Act of 1873, amended by ss. 9 and 33 of the Judicature Act, 1875, the jurisdiction formerly exercised by the following Courts, viz.: '(1) The High Court of Chancery; (2) The Court of King's Bench; (3) The Court of Common Pleas at Westminster; (4) The Court of Exchequer; (5) The Court of Admiralty; (6) The Court of Probate; (7) The Court for Divorce and Matrimonial Causes; (8) The Court of Common Pleas at Lancaster; (9) The Court of Pleas at Durham; (10) The Courts created by Commissions of Assize, of Oyer and Terminer, and of Gaol Delivery, or any such C...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
calendar
calendar 1 : a list of cases ready to be heard on a procedural action [the motion ] ;specif : a list of cases ready for trial called also list compare docket NOTE: Generally it is up to the party that wants to go to trial to have a case placed on the calendar. The party must file with the court a notice that the case is ready for trial and that a jury trial, if desired, is demanded. 2 : a list of bills or other items reported out of committee for consideration by a legislative assembly vt : to place (a case) on a calendar [the Appellate Division, Second Department, is now ing civil appeals "New York Law Journal"] compare docket ...
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