Variance - Law Dictionary Search Results

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Cross-examination

Cross-examination, the examination of a witness by the opposite side, generally after examination in chief, but some times without such examination; as in the case of an examination on the voir dire, which is in the nature of a cross-examination (see VOIR DIRE); and also if one party calls a witness,and he is sworn, the other party may cross-examine him, although the party who has called him put no question at all to him. Some times questions in cross-examination are allowed by the judge after re-examination. See RE-EXAMINATION. And if a witness be called to prove some preliminary and collateral matter only, as the handwriting of a document tendered in evidence, he is a witness in the cause, and may be cross-examined as to any of the issues in the cause.As to theform of the cross-examination, leading questions are allowed, which is not the case in examination in chief.The questions must be relevant to the issue (see infra), but great latitude is allowed, as a question seemingly irrelev...

Conflict of laws

Conflict of laws. In the case where a suit is brought in one country, and the parties, or one of them (or the subject-matter of the suit), belongs more or less to another, and the laws of the two countries upon the subject are at variance, there is said to be a conflict of laws. See LEX LOCI CONTRACTUS; and also the case of Simonin v. Mallac, (1860) 29 LJ Prob & Mat 97, where the marriage of two French persons who came to England for the express purpose of celebrating a marriage which would have been void if celebrated in their own country was declared valid. 'Either nation may refuse to surrender its laws to those of the other, and if either is guilty of any breach of the comitas or jus gentium, that reproach shall attach to the nation whose laws are least calculated to ensure the common benefit and advantage of all.' See Dicey's or Story's Conflict of Laws; Chitty on Contracts, citing Kaufman v. Gerson, (1904) 1 KB 591. See RENVOI and Halsbury, Laws of England, Hailsham ed., title Co...

Collision of ships

Collision of ships, the striking or running foul of one ship against another. The remedy is either an action at law or a suit in the Admiralty Division. The possibilities under which a collision may occur, and the rules acted on by the Court of Admiralty, have been thus stated by Lord Stowell in The Woodrop-Sims, (1815) 2 Dodson, 85:-'In the first place, it may happen without blame being imputable to either party: as where the loss is occasioned by a storm or any other vis major, in that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only, and then the rul...

Champertors

Champertors, persons who move please or suits, or cause them to be moved, either by their own procurement, or by others, and sue them at their proper costs, in order to have part of the land in variance, or part of the gain, 33 Edw. 1, c. 2....

Reunite

To unite again to join after separation or variance...

Repugnant

Disposed to fight against hostile at war with being at variance contrary inconsistent refractory disobedient also distasteful in a high degree offensive usually followed by to rarely and less properly by with as all rudeness was repugnant to her nature...

VerbarRaskolnik

The name applied by the Russian government to any subject of the Greek faith who dissents from the established church The Raskolniki embrace many sects whose common characteristic is a clinging to antique traditions habits and customs The schism originated in 1667 in an ecclesiastical dispute as to the correctness of the translation of the religious books The dissenters who have been continually persecuted are believed to number about 20000000 although the Holy Synod officially puts the number at about 2000000 They are officially divided into three groups according to the degree of their variance from orthodox beliefs and observances as follows I ldquoMost obnoxiousrdquo the Judaizers the Molokane who refuse to recognize civil authority or to take oaths the Dukhobortsy or Dukhobors who are communistic marry without ceremony and believe that Christ was human but that his soul reappears at intervals in living men the Khlysty who countenance anthropolatory are ascetics practice continual ...

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