Warrant Case - Law Dictionary Search Results
Home Dictionary Name: warrant case Page: 5issue
issue 1 pl : proceeds from a source of revenue (as an estate) [rents, s, and profits] 2 : one or more lineal descendants [died without ] compare child, heir 3 a : a vital question or problem [cited a national security ] [raised an of public safety] b : a matter of dispute between two or more parties ;specif : a single material point of fact or law in litigation that is affirmed by one side and denied by the other and that is a subject of the final determination (as by jury) of the proceedings genuine issue : an issue of fact that requires adjudication by trial rather than summary judgment because sufficient evidence exists to support a verdict for the party opposing the motion for summary judgment NOTE: The burden is on the party moving for summary judgment to show that no genuine issue is in dispute. issue of fact : a dispute about a material fact that is raised by pleadings and that must be resolved by a decision under the law in order to become res judicata issue of la...
commitment
commitment 1 : an act of committing: as a : placement in or assignment to a prison or mental hospital [petition for ] compare incompetent, interdiction NOTE: Commitment to a mental health facility is called civil commitment when it is not part of a criminal proceeding. Civil commitment proceedings are initiated by the patient, in the case of voluntary commitment, or by someone (as a family member or government agent) authorized by statute to petition for the patient's involuntary commitment. Some form of a hearing and periodic review is required in involuntary commitment proceedings. A criminal defendant may be committed to a mental hospital as a result of being found incompetent to stand trial, not guilty by reason of insanity, or incompetent to be sentenced. b : an act of referring a matter to a legislative committee c : a warrant committing someone to a prison 2 : an agreement or promise to do something in the future ;esp : a promise to assume a financial obligation at a fu...
idem sonans
idem sonans [Latin, sounding the same] : relating to or being two names having the same or similar pronunciation or sound [the two names are not idem sonans "Johnson v. Estelle, 704 F.2d 232 (1983)"] [the idem sonans test] compare misnomer NOTE: An idem sonans name allows a pleading or other document (as a warrant) to be considered valid despite the minor misspelling of a name or other misidentification of a party (as in identifying a corporation as a partnership). The fact that two trademarks are idem sonans may be used to establish the likelihood of confusion on the part of consumers in a trademark infringement case. ...
proceeding
proceeding 1 : a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a : an action, hearing, trial, or application before the court collateral proceeding : a proceeding that concerns an order, motion, petition, or writ deriving from or sought in relation to another proceeding (as a trial) [a collateral proceeding on a motion to have the judge in a pending trial disqualified] ;esp : one in which a collateral attack on a judgment is made [sought to avoid the effect of the judgment in a collateral proceeding after denial of a direct appeal] core proceeding : a proceeding (as one instituted by a debtor against a creditor) that is integral to the administration of a bankruptcy estate and so falls under the jurisdiction of the bankruptcy court non-core proceeding : a proceeding involving a matter that relates to a bankruptcy case but that does not arise under bankruptcy laws, that could be adjudicated i...
Attestation
Attestation, the signing by a witness to the signature of another of a statement that a document was signed in the presence of the witness. The (English) Criminal Procedure Act, 1865 (28 & 29 Vict. c. 18), s. 7 (applicable both to civil and criminal cases), renders it unnecessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite, and such instrument may now be proved by admission, or otherwise, as if there had been no attesting witness. Wills and codicils (1 Vict. c. 26), warrants of attorney and cognovits (1 & 2 Vict. c. 110), agreements with crews of 'foreign-going' ships ((English) Merchant Shipping Act, 1894, s. 115), and bills of sale (see BILL OF SALE) require attestation.As to the attestation of deeds in execution of certain powers of appointment, see (English) Law of Property Act, 1925, s. 159, replacing (English) Law of Property Amendment Act, 1859, s. 12.As to attestation by a justice of the peace of the enlistment of a rec...
Committal to prison
Committal to prison, if the Magistrate commits the fugitive criminal to prison he must commit him, subject to any appeal there to await the secretary of state's warrant for his surrender, and must send the secretary of state a certificate of the committal and such report upon the case, Halsbury's Laws of England, Vol. 18, para 230, p. 95....
Criminal Law Amendment Acts, 1885 to 1928 (English)
Criminal Law Amendment Acts, 1885 to 1928 (English). By the Act of 1885 the procuration of women under twenty-one, and illicit though un-resisted intercourse with girls between thirteen and sixteen, are made misdemeanours, brothel-keepers are made liable to summary proceedings, and prisoners charged with sexual offences are allowed to give evidence on their own behalf. The Act is amended by the Criminal Law Amendment Act,1912, which empowers a constable to arrest without a warrant any person offending against the Act of 1885, provides the flogging offenders, and maks better provision for the suppression of brothels and prostitution. The Act of 1922 provides that the consent to an act of indecency by a child or young person under sixteen shall be no defence to a charge of indecent assault (s. 1). Reasonable cause to believe that a girl was over sixteen shall notbe a defence to a charge undr ss. 5 and 6 of the Act of 1885 (i.e., defilement of a girl between thirteen and sixteen, or permi...
Dismissed
Dismissed, denotes both termination of service for misconduct by way of punishment and also termination of service simpliciter, Workers Employed in Hirakud Dam v. State of Orissa, (1971) 1 SCC 583: AIR 1971 SC 2242: (1971) 3 SCR 646.Power to dismiss an appeal in limine is a power which must be exercised sparingly and with great circumspection. One would think a conviction for murder and a sentence of imprisonment for life were serious enough matters for the High Court to warrant 'admission' of the appeal and fair and independent consideration of the evidence by the High Court. Summary rejection of the appeal with the laconic expression 'dismissed' seems to be a drastic step in such cases. To so reject an appeal is to practically deny the right of appeal. One cannot also overemphasise the importance of the High Court making a speaking order when dismissing a criminal appeal in limine. 'The requirement of recording reasons for summary dismissal, however concise, serves to ensure proper f...
Fiat
Fiat (let it be done), a decree; a short order or warrant of some judge or public officer for making out and allowing certain processes. The fiat of the Attorney-General was required for a writ of error in any criminal case (see ERROR). The fiat of a law officer is also required by certain Acts before proceedings can be commenced, see Castro v. Murray, (1875) LR 10 Ex 213. See PETITION OF RIGHT.An order or decree esp. an arbitrary one; a court decree esp. one relating to a routine matter, Black's Law Dictionary, 7th Edn., p. 638....
Lottery
Lottery, a game of chance; a distribution of prizes by lot or chance, Taylor v. Smetten, (1883) 11 QBD 207. By 10 & 11 Wm. 3, c. 17, Chitty's Statutes, tit. 'Games,' all lotteries were declared to be public nuisances, and all grants, patents, or licences for the same to be contrary to law; and the (English) Gaming Act, 1802 (42 Geo. 3, c. 119), imposes a penalty of 500l. on any person keeping any place for any lottery' not authorized by Parliament' for as lotteries were found to be a ready mode for raising money for the service of the state, they were from time to time sanctioned by Acts of Parliament passed expressly for this purpose (see 4 Geo. 4, c. 60), but by 6 Geo. 4, c. 60, they were abolished. As to what constitutes 'keeping' within the Act of 1802, see Martin v. Benjamin, (1907) 1 KB 64; but a body corporate cannot be convicted (s. 41) as rogues and vagabonds, Hawke v. Hulton, (1909) 2 KB 93.A physical lot is not essential to a lottery, Barclay v. Pearson, (1893) 2 Ch 154. In ...
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