Trial Lawyer - Law Dictionary Search Results
Home Dictionary Name: trial lawyer Page: 2New 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 the party injured by it has (except formerly error coram nobis or 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 suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
try
try tried try·ing [Anglo-French trier to choose, sort, ascertain, examine judicially, from Old French, to choose, sort] 1 : to examine or investigate judicially [no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law "U.S. Constitution amend. VII"] [in all actions tried upon the facts without a jury "Federal Rules of Civil Procedure Rule 52(a)"] 2 : to conduct the trial of : put on trial [if…the judge before whom the defendant has been tried is unable to perform the duties to be performed by the court after a verdict or finding of guilt "Federal Rules of Criminal Procedure Rule 25(b)"] 3 : to participate as lawyer or counsel in the trial of : bring to trial on behalf of a client [was unqualified to death penalty cases] ...
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...
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...
counsel
counsel pl: counsel [Old French conseil advice, from Latin consilium discussion, advice, council, from consulere to consult] : lawyer : as a : a lawyer participating in the management or trial of a case in court […to have the assistance of for his defense "U.S. Constitution amend. VI"] [a right to ] b : a lawyer appointed or engaged to advise or represent a client in legal matters (as negotiations or the drafting of documents) compare attorney NOTE: A judge who has acted as counsel in a matter (as by advising an investigator) is disqualified from hearing the case. of counsel 1 : assisting another lawyer in a case [was attorney of counsel] 2 : employed on a part-time basis [a tax attorney will move also and become of counsel "National Law Journal"] vt -seled or: -selled -sel·ing or: -sel·ling : advise ...
Devolution issue
Devolution issue, within the meaning of paragraph 1(b) of Schedule 6 to the Act of 1998 (Scetland Act, 1998), Hoekstra v. H.M. Advocate (PC), (2000) 3 WLR 1817.May well arise in advance of or every porsibility in the course of a criminal trial under some other provision of the Convention, Montogomery v. H.M. Advocate (PC), (2001) 2 WLR 779.shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to frivolous or vexatious, Montogomery v. H.M. Advocate (PC), (2001) 2 WLR 779....
ineffective assistance of counsel
ineffective assistance of counsel :representation of a criminal defendant that is so flawed as to deprive the defendant of a fair trial [claimed ineffective assistance of counsel following his conviction] called also ineffective assistance NOTE: Ineffective assistance of counsel is a violation of the guarantee of the assistance of counsel that is provided in the Sixth Amendment to the U.S. Constitution. A claim of ineffective assistance of counsel may be brought as a result of government interference with the attorney-client relationship that precludes effective representation, as when an informant is present during conversations between the attorney and the defendant. The existence of a conflict of interest on the part of the attorney may also be the basis for a claim. Most claims are, however, based on the attorney's failure to provide competent representation. Competent representation does not require the best representation, only a performance that is reasonable under prevailin...
High Steward, Court of the Lord
High Steward, Court of the Lord, a tribunal instituted for the trial of peers or peeresses indicted for treason or felony, or for misprision of either, but not for any other offence. The office of Lord High Steward is very ancient, and was formerly hereditary, or held for life, or dum bene se gesserit; but it has been for many centuries granted pro hac vice only, and always to a lord of Parliament. When, therefore, such an indictment is found by a grand jury of freeholders in the King's Bench, or at the assizes before a judge of oyer and terminer, it is removed by a writ of certiorari into the Court of the Lord High Steward, which alone has power to determine it.The sovereign, in case a peer be indicted for treason, felony, or misprision, appoints a Lord High Ste-ward pro vice, by commission under the Great Seal, which, reciting the indictment so found, gives him power to receive and try it secundum legem et consuetudinem Angli'. When the indictment is regularly removed by certiorari, ...
trial brief
trial brief Document prepared for and used by attorney at trial which contains, among other things, issues to be tried, synopsis of evidence and witnesses to be presented, and case and statutory authority for the position of counsel at trial. Source: FindLaw ...
fair trial
fair trial : a trial that is conducted fairly, justly, and with procedural regularity by an impartial judge and in which the defendant is afforded his or her rights under the U.S. Constitution or the appropriate state constitution or other law NOTE: Among the factors used to determine whether a defendant received a fair trial are these: the effectiveness of the assistance of counsel, the opportunity to present evidence and witnesses, the opportunity to rebut the opposition's evidence and cross-examine the opposition's witnesses, the presence of an impartial jury, and the judge's freedom from bias. ...
- << Prev.
- Next >>