jautājums |
atbilde |
sākt mācīties
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An equitable exception to the general rule that attorney fees are not awarded, and which allows an award of attorney fees as consequential damages.
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sākt mācīties
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An instruction given to a jury which though correct in law, is irrelevant.
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sākt mācīties
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The use of legal process in an improper or unauthorized manner.
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sākt mācīties
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A formal demand to a court of law and of justice to resolve a dispute.
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sākt mācīties
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Professionals uniquely skilled in the application of mathematics to risk management, contingent events and opportunity.
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sākt mācīties
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sākt mācīties
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An attachment to a written document.
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sākt mācīties
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Basic, core facts that must be proven by a party.
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sākt mācīties
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Latin: some evidence tendered to support something else
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Administration of Justice sākt mācīties
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The personnel, activity and structure of the justice system - courts and police - in the detection, investigation, apprehension, interviewing and trial of persons suspected of crime.
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sākt mācīties
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The Scottish law term for a barrister; one who argues cases for clients before the Court.
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sākt mācīties
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A person that is sworn to an affidavit; who gives evidence by way of an affidavit.
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sākt mācīties
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A statement which before being signed, the person signing takes an oath that the contents are, to the best of their knowledge, true.
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sākt mācīties
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A reply to a claim which alleges facts from which it results that, notwithstanding the truth of the allegations of the complaint, no cause of action exists.
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sākt mācīties
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Damages awarded by a court to reflect the exceptional harm done to a plaintiff of a tort action.
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sākt mācīties
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A lawyer who purports to act for both sides.
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sākt mācīties
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Latin: friend of the court.
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sākt mācīties
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To ask a more senior court or person to review a decision of a subordinate court or person.
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sākt mācīties
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The person who initiates an appeal of a judicial body's decision.
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sākt mācīties
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An alternate word for lawyers or barrister and solicitor, used mostly in the USA.
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sākt mācīties
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Latin; literally 'hear the other side'.
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sākt mācīties
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An application to a court after judgment seeking to avoid execution of that judgment because of some event intervening between judgment and execution which compromises the judgment creditor's entitlement to execution.
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sākt mācīties
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A back cover page to a legal document designed to show, when folded, what the legal document is and who it is from.
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sākt mācīties
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Intent to deceive. A person who intentionally tries to deceive or mislead another in order to gain some advantage.
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sākt mācīties
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A person acting with legal authority in the seizure of personal property; and, also, the official in each courtroom who attends to security within.
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sākt mācīties
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Burden of proof in civil trials.
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sākt mācīties
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A lawyer that restricts his or her practice to the court room; a litigation specialist.
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sākt mācīties
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A judge in court session.
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sākt mācīties
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When a document is proposed as evidence, the original must be produced.
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sākt mācīties
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A formal itemized memorandum presented by the successful party to concluded litigation, to the other, as a proposal of costs and disbursements that the issuing party claims.
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sākt mācīties
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A jury consisting of highly qualified persons.
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sākt mācīties
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A written guarantee in regards to the fulfillment of a legal obligation.
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sākt mācīties
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A statutory charge against real property by those who have contributed material or manpower to its improvement.
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sākt mācīties
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A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court.
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sākt mācīties
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A species of settlement offer delivered in the form of a letter and which can be used in the event that it is rejected and subsequent to trial or hearing of the litigation which results in terms similar to the rejected offer, costs are spoken to.
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sākt mācīties
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The official moment that an individual is sworn or entered into a law society or state bar or court and thereafter licensed to practise law in that jurisdiction.
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sākt mācīties
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The power to acquire and assert legal rights.
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sākt mācīties
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A letter which advises a person to stop (cease and desist) using specified legal rights which are asserted by another.
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Certificate of Pending Litigation sākt mācīties
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A registration or/of a notice or warning that litigation is ongoing as to ownership of a particular piece of land or other real property.
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sākt mācīties
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A formal request to a court challenging a legal decision of an administrative tribunal, judicial office or organization (eg. government) alleging that the decision has been irregular or incomplete or if there has been an error of law.
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sākt mācīties
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A challenge of a prospective juror for which the cause is disclosed by the challenging party (or their lawyer), and submitted to the Court for decision.
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sākt mācīties
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A court which sits to dispose of procedural matters.
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sākt mācīties
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Evidence which may allow a judge or jury to deduce a certain fact from other facts which have been proven.
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sākt mācīties
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An order of a court to either do a certain thing or to appear before it to answer charges.
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sākt mācīties
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Any action that is not a criminal proceeding.
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sākt mācīties
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The conduct of a non-criminal matter in a court of law from initial advice to client(s) through to the enforcement of judgment.
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Client-Solicitor Privilege sākt mācīties
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A right that belongs to the client of a lawyer that the latter keep any information or words spoken to him during the provision of the legal services to that client, strictly confidential.
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sākt mācīties
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A family law dispute resolution encouragement process set in writing which includes a promise to negotiate in good faith, to engage in the exchange of private and confidential information on a without prejudice basis, and a motivational commitment that the participating lawyers or law firms would withdraw if the negotiations fail.
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sākt mācīties
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A formal appointment or commission governments give to individuals empowering them to certify the oath of another upon documents, such as affidavits.
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sākt mācīties
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A feature of a group of people seeking to be certified for a class action, that there are questions of law and fact common to the prospective group (class).
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sākt mācīties
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A fund recovered by a litigant or lawyer for the benefit of persons other than himself or his client, and that litigant or lawyer then entitled to a reasonable attorney's fee from the fund as a whole.
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sākt mācīties
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A court to resolve civil disputes between private citizens and not otherwise involving the Crown.
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sākt mācīties
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A term of class action law; a requirement for certification, that members of the proposed group represent a community of interests.
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sākt mācīties
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An individual's ability to understand the nature and object of legal proceedings being presented, and to consult with counsel.
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sākt mācīties
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A jurisdictional requirement of US district courts; that that all persons on one side of the controversy be citizens of different states than all persons on the other side.
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sākt mācīties
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An agreement to settle a previously existing claim with a substituted performance.
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sākt mācīties
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A specialized branch of law which resolves cases which have an element of conflicting foreign law.
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sākt mācīties
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The constitutional guarantee in the Sixth Amendment to the United States Constitution which requires that an accused person have the right to be confronted with the witnesses against him.
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sākt mācīties
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An order of the court in terms which have been contractually entered into by parties to the litigation.
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sākt mācīties
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A person found to have committed contempt of court.
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sākt mācīties
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Conduct that is disobedient, obstructive or contemptuous to the Court.
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sākt mācīties
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A method of payment of legal fees represented by a percentage of an award.
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sākt mācīties
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Intentional contempt of court.
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sākt mācīties
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A court order that the losing party in litigation must pay the successful party's expenses plus an additional allowance, the latter as a contribution towards the winner's legal fees.
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sākt mācīties
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An award of costs will generally flow with the result of litigation; the successful party being entitled to an order for costs against the unsuccessful party.
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sākt mācīties
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An award of costs which is explicitly left to the discretion of the party to whom costs are awarded.
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Costs in any Event of the Cause sākt mācīties
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An entitlement to costs of an interlocutory application regardless of the ultimate result of the main action.
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sākt mācīties
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The general rule in the law of costs that the ultimate victor at trial may get his or her costs against the loser and including all interlocutory applications.
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sākt mācīties
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A defendant's claim against a plaintiff.
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sākt mācīties
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A court of law which retains written records of its proceedings and which has the ability to fine or imprison.
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sākt mācīties
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Contumacious behaviour or behaviour which tends to publicly depreciate the authority of the court or the administration of justice.
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sākt mācīties
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The examination of a witness called by the other side at trial and for which leading questions are permitted.
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sākt mācīties
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A cash compensation ordered by a court to offset losses or suffering caused by another’s fault or negligence.
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sākt mācīties
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To take something for what it is worth, such as evidence collected for the time being, in the absence of, but in anticipation of, litigation, admissibility to be determined when such thing is sought to be used against another at trial.
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sākt mācīties
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To accept a document or an event as conclusive of a certain status in the absence of evidence or facts which would normally be required to prove that status.
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sākt mācīties
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An order of the Court striking a claim because no appearance, answer, reply or defence has been filed within the applicable deadlines.
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sākt mācīties
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The individual, company or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action redress some type of unlawful or improper action alleged by the plaintiff.
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sākt mācīties
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French for outside. In the context of legal proceedings, it refers to that which is irrelevant or outside the scope of the debate.
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sākt mācīties
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The intentional concealment of the process of cogitating, consulting or other private methods of arriving at a judicial decision.
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sākt mācīties
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A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is allegedly due or in default.
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sākt mācīties
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A mostly obsolete motion put to a trial judge after the plaintiff has completed his or her case, in which the defendant, while not objecting to the facts presented, and rather than responding by a full defence, asks the court to reject the petition right then and there because of a lack of basis in law or insufficiency of the evidence.
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sākt mācīties
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sākt mācīties
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A person who gives evidence verified by oath, as within an affidavit.
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sākt mācīties
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The official statement by a witness taken in writing (as opposed to testimony which where a witnesses give their perception of the facts verbally).
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sākt mācīties
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A formal challenge which questions not the cause of action, but the propriety of the suit, or the mode in which the remedy is sought.
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sākt mācīties
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Contempt of Court which is aimed expressly against the dignity or authority of the Court itself in the person of its Judges or officers.
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sākt mācīties
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A formal notice filed with the Court and served on the defendant, ending active litigation.
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sākt mācīties
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The making known to the other side of a law suit, of all relevant evidence.
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Dismissal Without Prejudice sākt mācīties
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A dismissal of an action before it is judges on the merits and leaves the parties as though the action had never been filed, subject to limitations in local Court rules.
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sākt mācīties
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An official court record book which lists all the cases before the court and which may also note the status or action required for each case.
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sākt mācīties
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Any written thing capable of being made evidence.
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sākt mācīties
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A punitive measure against a litigant for that party’s failure, in all of the circumstances, to have accepted an offer to settle that should have been accepted.
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sākt mācīties
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Recitals of statements of others within a statement that is itself hearsay; an out-of-court declaration containing another out-of-court declaration.
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sākt mācīties
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sākt mācīties
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Exception to the hearsay rule: a statement of fact made by a dying victim relating to the cause and circumstances of a homicide.
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sākt mācīties
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Improper influence on a juror.
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sākt mācīties
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Also, "impanel"; the official call to duty of a jury, usually as called by the clerk of the Court in which the jury is to act, and just before the jurors are sworn in.
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sākt mācīties
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(French) As a full bench.
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sākt mācīties
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A bar to a party from asserting a legal claim or defense that is contrary or inconsistent with his or her prior action of conduct.
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Equity Delights to do Justice, and not by Halves sākt mācīties
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A maxim of equity that once invoked successfully, equity will, fully and with finality, resolve the dispute between the parties.
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sākt mācīties
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A mostly informal title associated with those who practice law.
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sākt mācīties
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A valid excuse for not appearing in Court when summoned.
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sākt mācīties
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Proof of fact(s) presented at a judicial hearing such as a trial.
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Examination for Discovery sākt mācīties
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A recorded oral examination of the other side to litigation before trial and under oath, but not before a judge, with a view to obtaining admissions or discovering facts.
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sākt mācīties
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The questioning of your own witness under oath.
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sākt mācīties
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An examination under oath of the deponent of an affidavit.
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sākt mācīties
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A court of law designed to determine claims by the Crown.
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sākt mācīties
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Contempt committed outside the court.
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sākt mācīties
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A document or object shown to the court as evidence.
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sākt mācīties
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Latin: outside of the jurisdiction.
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sākt mācīties
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Latin: outside the awareness of a party; for one party only.
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sākt mācīties
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A witness with a defined area of expertise and on that basis and strictly within that area, is allowed to give opinion evidence to the Court (or jury, as the case may be).
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sākt mācīties
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An identification technique which distinguishes unique facial characteristics of an individual.
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sākt mācīties
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The written summary of a litigant's position to be taken and expounded upon in a judicial proceeding, including a concise summary of relevant facts and law and brief arguments with reference to authorities where applicable.
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sākt mācīties
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Latin: that you cause to be made. Mostly used to refer to a writ of judgment enforcement obtained under the old common law of England.
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sākt mācīties
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An order or judgment of the Court that finally disposes of the rights of the parties.
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sākt mācīties
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A speculative demand for information without any real expectation about the outcome of the demand or its relevance to the litigation.
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sākt mācīties
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The court or forum most suitable for the ends of justice.
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sākt mācīties
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Evidence that existed at the time of the trial, but for various reasons could not be put before the court.
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sākt mācīties
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When a lawyer is hired to draft an official court document on behalf of a self-represented litigant.
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sākt mācīties
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A guardian appointed to direct litigation on behalf and in the interests of a person otherwise incapable of managing their affairs.
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sākt mācīties
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A regular response to a specific situation.
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sākt mācīties
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An error which beyond a reasonable doubt, did not contribute to a decision.
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sākt mācīties
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The presentation of evidence before an adjudicating body as may be required for a full disclosure and challenge of alleged facts.
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sākt mācīties
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Evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them.
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sākt mācīties
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An expert with a bias or who adapts his or her expert evidence to the requirements of the party that calls him/her as a witness.
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sākt mācīties
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A party's witness who demonstrates such adversity to answering questions that the trial judge allows leading questions to be put to that witness.
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sākt mācīties
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A special right that married persons have to keep communications between them secret and even inaccessible to a court of law.
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sākt mācīties
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Also, "empanel"; the official call to duty of a jury, usually as called by the clerk of the Court in which the jury is to act, and just before the jurors are sworn in.
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sākt mācīties
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A party to whom documents are produced within litigation will not use them for collateral or ulterior purposes.
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sākt mācīties
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A closed and private session of Court or some other deliberating body.
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sākt mācīties
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A term of statute of costs which are in excess of party and party costs and which may equal or come close to completely indemnify the successful litigant.
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sākt mācīties
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A poor person; not penniless but in need and who has no financial support from any other.
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sākt mācīties
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Contempt of court which occurs not in the presence of a judge acting judicially, but which tend to degrade the court or to obstruct or embarrass the administration of justice by the court.
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sākt mācīties
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Contempt of court that occurs in the face of the Court.
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sākt mācīties
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The residual, automatic and ex officio authority of a court of law to regulate proceedings before it including punishing contempt.
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sākt mācīties
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A legal procedure to prevent a debtor from compromising property upon which a creditor holds a charge.
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sākt mācīties
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A court order that prohibits a party from doing something (restrictive injunction) or compels them to do something (mandatory injunction).
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sākt mācīties
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Latin: at the beginning or on the threshold.
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sākt mācīties
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The several professional associations of barristers, to which all barristers in England or Wales must belong to one, to wit, Lincoln's Inn, Middle Temple, Gray's Inn or Inner Temple.
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sākt mācīties
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Latin: regarding a person; a right, action, judgment or entitlement that is attached to a specific person(s).
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sākt mācīties
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Latin: regarding a thing; proprietary in nature; a right or judgment related to the use or ownership of an item of property.
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Interest Reipublicae Ut Sit Finis Litium sākt mācīties
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Latin: in the interest of society as a whole, litigation must come to an end.
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sākt mācīties
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A person who, without legal right, runs a business (eg. without mandatory licenses), or who wrongfully interferes or intercepts another's business.
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sākt mācīties
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Pre-trial numbered and written questions on relevant matters to the litigation, sent to the other side of litigation, and for which reply is mandatory.
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sākt mācīties
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Latin: as between or amongst themselves.
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sākt mācīties
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One who is given standing in litigation even though they were not originally a party.
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sākt mācīties
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The power the law gives the Court or a judge to choose among two or more alternatives, each being lawful.
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sākt mācīties
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Absolute immunity from civil liability for official decisions or acts.
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sākt mācīties
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A lien obtained by judgment or other judicial proceeding.
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sākt mācīties
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Conduct on the part of a judge that is prohibited and which could lead to a form of discipline.
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sākt mācīties
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A doctrine which enables a judge to accept a fact without the need of a party to prove it through evidence.
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sākt mācīties
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A process where a court of law is asked to rule on the appropriateness of the decision of an administrative agency or tribunal.
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sākt mācīties
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The written certification by a judicial officer that a deponent or affiant recognizes and endorses all parts of an affidavit he or she proposes to sign, and confirms that an oath has been administered in this regard to the affiant.
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sākt mācīties
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The private or commercial acts of a state.
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sākt mācīties
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Latin: imperial authority.
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sākt mācīties
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Legal authority to judge or to act in a given situation or case.
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sākt mācīties
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A member of a jury; a person who has taken an oath to serve on a jury.
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sākt mācīties
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A group of citizens randomly selected from the general population and brought together to assist justice by deciding which version, in their opinion, constitutes 'the truth' given different evidence by opposing parties.
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sākt mācīties
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The extraordinary power of a jury to issue a verdict contrary to the law as applied to the proven facts.
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sākt mācīties
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A rule of law which prohibits the disclosure, by a member of a jury, of statements or opinions voiced during jury deliberations.
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sākt mācīties
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To unlawfully disrupt the independence of a jury member with a view to influencing that juror otherwise than by the production of evidence in open court.
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sākt mācīties
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A necessary prerequisite of a matter put to a court of law for resolution; that an actual and substantial controversy be at hand.
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sākt mācīties
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A judicial proceeding or trial which has a predetermined outcome or where the basic legal rights of a party are jumped over.
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sākt mācīties
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Originally, the common criminal court of the common law; later, the general superior court.
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sākt mācīties
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When a court decides upon a rule of law, that decision should continue to govern the same issues in subsequent stages in the same case.
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sākt mācīties
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An individual trained in the law and that has been certified to give legal advice or to represent others in litigation.
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sākt mācīties
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A question which suggests an answer; usually answerable by yes or no.
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Legal Professional Privilege sākt mācīties
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A shield against disclosure of communications between a solicitor and his/her client.
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sākt mācīties
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Broad, general facts that are not unique and relate indirectly to the parties to litigation.
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sākt mācīties
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A seizure of specified property for the purposes of conversion into money.
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sākt mācīties
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Latin for the law of the forum.
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sākt mācīties
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A conflict of law rule that selects the applicable law based on the venue or location of something.
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sākt mācīties
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A legal obligation, either due now or at some time in the future.
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sākt mācīties
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A property right which remains attached to an object that has been sold, but not totally paid for, until complete payment has been made.
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Limitations or Statute of Limitations sākt mācīties
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Loss of a legal right or cause of action because of the passage of time.
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sākt mācīties
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Latin: a dispute or matter which is the subject of ongoing or pending litigation.
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sākt mācīties
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A person who is a party to a legal action.
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sākt mācīties
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A dispute is in 'litigation' (or being 'litigated') when it has become the subject of a formal court action or law suit.
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sākt mācīties
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A loan made by a third-party to litigation, typically a finance company, to a litigant to finance the litigation, and often on harsh terms.
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sākt mācīties
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Non-disclosure protection imposed on documents which come into existence after litigation commenced or in contemplation, and where they have been made with a view to such litigation, either for the purpose of obtaining advice as to such litigation, or of obtaining evidence to be used in such litigation, or of obtaining information which might lead to the obtaining of such evidence.
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sākt mācīties
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sākt mācīties
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Latin: The law of the place where the facts occurred.
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sākt mācīties
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Latin: legal standing before a court.
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sākt mācīties
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A writ which commands an individual, organization (eg. government), administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.
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sākt mācīties
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An inferior court has no power or authority to deviate from the mandate issued by an appellate court.
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Manifest Abuse of Discretion sākt mācīties
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An American standard of judicial review: discretion exercised improvidently or thoughtlessly and without due consideration.
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sākt mācīties
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A temporary injunction that freezes the assets of a party pending further order or final resolution by the Court.
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sākt mācīties
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A partial settlement to litigation where some defendants settle by accepting a term of which is a loan by the settling defendant to the plaintiff, to be repaid by any monies recovered from the remaining defendant(s).
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sākt mācīties
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A partly-empowered superior-level court judge, used mostly for interlocutory and procedural civil hearings.
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sākt mācīties
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A witness tendered to offer opinion evidence within the confines of his or her area of medical expertise.
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sākt mācīties
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A formal record of a contract which settles one or more live issues before a Court.
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sākt mācīties
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A substantial wrong which occurs during a trial which so infects the proceedings as to merit quashing the result on appeal.
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sākt mācīties
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When a person has been named as a party to a law suit when that person should not have been added.
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sākt mācīties
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A matter where the issue raised concerns a hypothetical or abstract question
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sākt mācīties
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A trial on a fictional or hypothetical issue, usually hosted by law schools, as training for future barristers or litigators.
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sākt mācīties
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A motion put to the Court to strike a pleading or evidence of a witness.
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sākt mācīties
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Basic or fundamental judicial rights extended to a person with rights at issue.
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Nemo Debet Bis Vexari Pro Una Et Eadem Causa sākt mācīties
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Latin: No-one shall be tried or punished twice in regards to the same event.
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sākt mācīties
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Latin: no person can judge a case in which he or she is party or in which he/she has an interest.
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sākt mācīties
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Evidence of matters that occurred subsequent to the order appealed from.
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sākt mācīties
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sākt mācīties
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When a person, who should have been made a party to a legal proceedings, has been forgotten or omitted.
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sākt mācīties
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Pre-action third party discovery to an intended plaintiff without notice to the intended defendant.
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sākt mācīties
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A formal notice to participants in litigation of an intent to seek specific relief in an action.
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sākt mācīties
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A religious or solemn affirmation to tell the truth or to take a certain action.
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sākt mācīties
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Latin: an observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court.
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sākt mācīties
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An act which tends to impede or thwart the administration of justice.
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sākt mācīties
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sākt mācīties
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A lawyer or litigant's initial remarks at trial, to the finder of fact, either a judge or jury, setting out their road-map or case theory.
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sākt mācīties
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A principle of the common law that proceedings ought to be open to the public, including the contents of court files and public viewing of trials.
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sākt mācīties
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An agreement between two litigants to settle a matter privately before the Court has rendered its decision.
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sākt mācīties
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A standard of appellate review, an error that must have altered the result or may well have altered the result.
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sākt mācīties
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A standard of appellate review, an error that is readily or plainly seen.
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sākt mācīties
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The material facts which a party to litigation alleges are true and which that party will seek to prove at trial in support of the relief claimed.
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sākt mācīties
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The standard award of costs being, in the result, a partial indemnity to the successful party to litigation for his or her litigation expenses.
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Past Recollection Recorded sākt mācīties
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An exception to the hearsay rule, whereby evidence of which a witness has no current recall can nonetheless be admitted for the truth of its contents as it was recorded at a time when the witness was able to verify its accuracy.
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sākt mācīties
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An affidavit of indigence, of poverty.
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sākt mācīties
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Latin: during litigation.
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sākt mācīties
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A period of time fixed by law for the existence of a right.
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sākt mācīties
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Also "preemptory challenge"; a party's challenge of a prospective juror for which no reason or justification need be given.
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sākt mācīties
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Latin: through want of care.
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sākt mācīties
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sākt mācīties
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An interest in either the subject matter or a relationship with the parties before a judicial body.
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sākt mācīties
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The court's authority to determine a claim affecting a specific person.
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sākt mācīties
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Something a witness actually saw or heard.
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sākt mācīties
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A decision of a jury which runs altogether contrary to the evidence presented before it.
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sākt mācīties
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The formal, written document submitted to a court, and which asks for the court to redress what is described in the petition as being an injustice of some kind.
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sākt mācīties
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An action in maritime law in which a person seeks to obtain a judgment as to title of a vessel independently of possession.
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sākt mācīties
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Circumstances in which more than one court is seized of the adjudication of the same issue.
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sākt mācīties
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A proportionate share settlement agreement
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sākt mācīties
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The person who initiates, who brings or files a case with a court; who sues.
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sākt mācīties
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That core document(s) of a party to litigation in which he or she formally sets out the facts and the law which support that party's position.
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sākt mācīties
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A preliminary challenge to a court's authority to decide the action before it.
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sākt mācīties
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Scottish law: The seizure of a judgment debtor's personal property to satisfy the terms of the judgment.
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sākt mācīties
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sākt mācīties
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Where a party entitled to possession of a vessel seeks to recover that vessel.
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sākt mācīties
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The giving of legal advice or of representation of another as agent in a court of law or through rules of court, or in the preparation of legal documents or in dispute or contractual negotiation.
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sākt mācīties
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Latin: an initiating document presented to a court clerk to be officially issued on behalf of the court or a the covering memo or letter from the lawyer (or plaintiff) which accompanies and formally asks for the writ to be issued by the court officer.
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sākt mācīties
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Also "peremptory challenge"; a party's challenge of a prospective juror for which no reason or justification need be given.
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sākt mācīties
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Evidence that persuades a judge or jury to lean to one side as opposed to the other, during the course of litigation.
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sākt mācīties
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A method of acquiring or extinguishing rights through the inaction of the legal owner.
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sākt mācīties
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A facilitative mechanism used at trial to assist a witness in recalling his or her memory, thus revived.
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Priest and Penitent Privilege sākt mācīties
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A privilege suggesting the exclusion from evidence of matters discussed during a confession between a Roman Catholic priest and a penitent.
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sākt mācīties
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(USA) A rule of procedure which deems that any court document mailed by a self-represented inmate is deemed filed on the date of delivery to prison authorities for mailing.
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sākt mācīties
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sākt mācīties
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sākt mācīties
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Latin: on one’s own behalf.
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sākt mācīties
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To apologize or the taking of such other action as may be deemed by a court of law to suffice for the purposes of vacating a charge of contempt of court.
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sākt mācīties
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Administrative tribunals or government officials which, in their decision-making process, are subject to the rules of natural justice.
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sākt mācīties
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Originally, the common criminal court of the common law; later, the general superior court.
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sākt mācīties
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Where an appeal predominantly takes issue with the lower court's exercise of judicial discretion.
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sākt mācīties
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Questions about what actually took place between the parties.
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sākt mācīties
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Questions touching the scope, effect or application of a rule of law which the courts apply in determining the rights of parties.
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Question of Mixed Law and Fact sākt mācīties
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An appellate standard of review of a lower court's order where the appeal issues are divided between question(s) of fact and question(s) of law.
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sākt mācīties
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sākt mācīties
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Latin: legal procedure taken to stop a person or organization from doing something for which it may not have the legal authority, by demanding to know by what right they exercise the controversial authority.
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sākt mācīties
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Latin: reasons for a decision.
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sākt mācīties
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A rule of jurisdiction which enables a counterclaim against another who, although otherwise beyond the jurisdiction of the court, has voluntarily submitted to jurisdiction by iniating the principal action.
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sākt mācīties
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The resumption of cross-examination by the original cross-examiner in order to respond to matters that may have arisen during the re-examination of a witness.
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sākt mācīties
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An application made to a judge that he/she not hear a particular case because of a real or perceived conflict of interest; that the judge recuse himself (abstain) from the case.
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sākt mācīties
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An irrelevant legal issue.
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sākt mācīties
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The re-opening of an examination-in-chief after cross-examination, to cover matters that may have arisen during cross-examination.
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sākt mācīties
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Remedial judicial action to right a wrong or to prevent a infringement upon a legal right.
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sākt mācīties
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A legal action taken to reclaim goods which have been distrained.
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sākt mācīties
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Latin: already subject to judicial determination.
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Res Noviter Veniens Ad Notitiam sākt mācīties
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Latin: Fact(s) newly coming to knowledge.
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sākt mācīties
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The party that responds to a claim filed in court against them by a plaintiff.
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sākt mācīties
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Latin: a withdrawal of a legal action.
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sākt mācīties
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A payment by a patent holder to an infringer in consideration of the infringer's cease and desist.
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sākt mācīties
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Rules of procedure and conduct during the sitting of a court of law uniformly applicable to litigants and their lawyers, and governing the hearings of claims and motions, and defences or responses thereto.
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sākt mācīties
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A witness who, while under cross-examination, is unresponsive.
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sākt mācīties
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Personal scurrilous abuse of a judge as a judge.
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sākt mācīties
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A Court order that restricts access to or disclosure of any record or document filed in a proceeding.
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sākt mācīties
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Payment or deposit of money or some form of security in lieu thereof, into court, by a litigant to secure the payment of such costs if such person does not prevail.
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sākt mācīties
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A jury which has been confined to a location where they can be shielded from outside distractions while their deliberations are ongoing.
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sākt mācīties
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The taking of someones property, voluntarily (by deposit) or involuntarily (by seizure), by court officers or into the possession of a third party, awaiting the outcome of a trial in which ownership of that property is at issue.
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sākt mācīties
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Prohibited conduct by a licensed lawyer in taking, or attempting to take advantage of a slip or overlooked technical matter by the other side to litigation, and to agree to reasonable requests which either prejudice his client or the interests of justice.
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sākt mācīties
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Latin: without a day. Taken to mean without fixing a day for continuation.
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Solicitor and Client Costs sākt mācīties
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An award of all costs associated with litigation.
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Solicitor and Own Client Costs sākt mācīties
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One of the most punitive awards of costs, requiring a party to pay the other's legal bill.
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sākt mācīties
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A scale of costs generally equivalent to solicitor and client costs and also approaching complete indemnity to the successful litigant.
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sākt mācīties
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A jury drawn to certain specifications given the alleged complexities of the matter to be tried.
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sākt mācīties
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The applicable threshold of an appeallable error; often distinguishable as between questions of law, of fact, or mixed questions of fact and law.
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sākt mācīties
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The ability to sue and speak to the Court on a controversy based on personal interest in the outcome.
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sākt mācīties
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Latin: stay with what has been decided.
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sākt mācīties
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The document which sets out the plaintiff's allegations of fact and thus, engages the judicial process by seeking trial.
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sākt mācīties
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A defendant's written answer or reply to a statement of claim, admitting or denying each and every one of the facts contained in the statement of claim and alleging such facts as the defendant wishes to assert at trial in opposition to the plaintiff's case.
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sākt mācīties
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A procedural rule which limits the time in which a party may bring an action for a right which has already accrued.
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sākt mācīties
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The deadline set by statute on the assertion of a right by litigation.
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sākt mācīties
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A lien arising solely by force of a statute on specified circumstances or conditions.
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sākt mācīties
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To stop; to suspend; also known as a stay of proceedings; when a law suit is suspended either indefinitely or until the occurrence of a condition imposed by the court.
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sākt mācīties
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An individual employed to receive and transcribe dictation.
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sākt mācīties
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sākt mācīties
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(USA law) An agreement between the parties with respect to an issue before the court.
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sākt mācīties
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The formal title of the proceedings in a court of law, usually the action number, the name of the court and the full, formal and complete name(s) of the plaintiff(s) and that of all defendant(s).
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sākt mācīties
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Latin: under judicial consideration.
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sākt mācīties
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Latin: an order of a court which requires a person to be present at a certain time and place or suffer a penalty (subpoena means, literally, under penalty).
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sākt mācīties
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Core law which determines rights and obligations, as opposed to procedural law.
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sākt mācīties
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A court order dismissing a claim summarily, upon application, and based on the allegation that there is no claim or defence with a reasonable prospect of success.
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sākt mācīties
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The trial of an action by way of affidavit evidence only or by use of truncated process.
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sākt mācīties
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In the USA, this is one of the initial documents issued in a civil suit; giving the defendant notice of the claim and an opportunity to defend it.
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sākt mācīties
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An injunction obtained in a secret convening of the court where in the result, the court file, the names of the parties and even the terms of the injunction order are secret except as between the parties, counsel, the judge and the court staff.
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sākt mācīties
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An application to a court to stay proceedings; most frequently, to stay enforcement or collection proceedings upon a judgment.
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sākt mācīties
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A contract by which a surety obligates itself to pay a final judgment rendered against its principal under the conditions stated in the bond.
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sākt mācīties
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Superfluous allegations, especially in regards to pleadings.
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sākt mācīties
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The act of supplementing a jury otherwise incomplete.
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sākt mācīties
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Additional jurors summoned to complete a jury.
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sākt mācīties
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The formal quasi-judicial review of a bill of costs or other determination of costs payable by one litigant to another.
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sākt mācīties
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Jurisdiction of a state or of a court of law over a legal action as it may be affected by the effects or passage of time.
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sākt mācīties
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The oral evidence of a witness in a judicial proceeding, such as a trial.
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sākt mācīties
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A short, succinct statement of the theme of an action as evidence will be presented, organized and support at trial.
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sākt mācīties
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A person who is not privy to a contract or a party in a lawsuit.
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sākt mācīties
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Latin: The cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher.
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sākt mācīties
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The resolution of a dispute by examination of evidence submitted by opposing litigants by a tribunal or Court of law, and determination of (1) guilt (in a criminal trial) or (2) of a civil dispute of fact or law.
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sākt mācīties
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Latin: For every wrong, the law provides a remedy.
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sākt mācīties
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Latin: beyond that which is sought.
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sākt mācīties
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Latin: without authority.
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sākt mācīties
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When a witness called by a party merely gives unfavorable answers to questions posed during examination in chief, that party may not cross examine the witness but may still lead evidence in contradiction.
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sākt mācīties
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Location or proposed district of a judicial hearing.
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sākt mācīties
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French: truth told; the decision of a jury.
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sākt mācīties
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The displacement of a judge and jury to the location of events which are being described at trial.
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sākt mācīties
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sākt mācīties
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A mini-hearing held during a trial on the eligibility of prospective jurors or the admissibility of contested evidence.
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sākt mācīties
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An application to a judge to dismiss a law suit alleging that the litigant has inexcusably delayed moving the litigation along and that under the circumstances, the litigation ought to be dismissed.
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sākt mācīties
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A document giving a person legal authority to do a certain thing.
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sākt mācīties
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A cancellation of a statement of defence or counterclaim by a defendant.
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sākt mācīties
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A reservation made on a statement that it cannot be used against in future dealings or litigation.
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sākt mācīties
|
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A person who perceives an event (by seeing, hearing, smelling or other sensory perception).
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sākt mācīties
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An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific.
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sākt mācīties
|
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A witness who demonstrates disproportionate enthusiasm while testifying.
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