Trial - Law Dictionary Search Results
Home Dictionary Name: trial Page: 2Prosecution
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...
Trial de novo
Trial de novo, means a new trial on the entire case i.e. on both the questions of law and fact, conducted as if there had been no trial in the first instance, Black's Law Dictionary, 7th Edn., p. 1511....
Trial commences
Trial commences, the 'trial commences' with the performance of the first act or steps necessary or essential to proceed with the trial, Union of India v. Maj. Gen. Madan Lal Yadav, AIR 1996 SC 1340 (1348): (1996) 4 SCC 127. [Army Act (46 of 1950), s. 123]...
Trial by combat
Trial by combat, means a trial that is decided by personal battle between the disputants, common in Europe and England during the middle ages; especially, a trial in which the person accused fought with the accuser, the idea being that God would given victory to the person in the right, Black's Law Dictionary, 7th Edn., p. 1511....
Record, Trial by
Record, Trial by. If a record be asserted on one side to exist, and the opposite party deny its existence, thus, 'that there is no such record remaining in Court as alleged,' and issue be joined thereon, this is an issue of nul tiel record; and the Court awards a trial by inspection of the record. Upon this, the party affirming its existence is bound to produce it in Court on a given day; failing to do so, judgment is given for his adversary. The trial by record is the only legitimate mode of trying such issue, Steph. Plead.; 2 Chit. Arch.Prac....
trial de novo
trial de novo : a trial in a higher court in which all the issues of fact or law tried in a lower court or tribunal are reconsidered as if no previous trial had taken place compare mistrial ...
Notice of trial
Notice of trial may be given by a plaintiff with the reply, if any, or at anytime after the issues of fact are ready for trial (R.S.C., Ord. XXXVI., r. 11), or by a defendant, if not given by the plaintiff within six weeks after the close of the pleadings (rule 12). Ten days' notice of trial must be given, unless the party to whom it is given has consented to take short notice; in which case four days are sufficient (rule 14)....
Malicious prosecution
Malicious prosecution, a prosecution, preferred maliciously, without reasonable or probable cause; the remedy is an action on the case, in which damages may be recovered. The allegation of want of probable cause must be substantively and expressly proved, and cannot be implied; but it is for the judge, not the jury, to determine upon it, Abrath v. North Eastern R. Co., (1886) 11 App Cas 247; Cox v. English, Scottish and Australian Bank, 1905 AC 168. Animus injuri' cannot be inferred from the mere fact that the prosecution has failed, Corea v. Peiris, 1909 AC 549. See Addison or Clerk and Lindsell on Torts....
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 ...
trial
trial [Anglo-French, from trier to try] : a judicial examination of issues of fact or law disputed by parties for the purpose of determining the rights of the parties compare hearing, inquest at trial : in or during the course of a trial ...
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