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Arbitrary punishments
Arbitrary punishmentsPractice. Those punishments which are left to the decision of the judge, in distinctiou from those which are defined by statute. RELATED TERMS-------------------------------------- Practice The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts. Decision Practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions. Judge An elected or appointed public official with authority to hear and decide cases in a court of law. Statute The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature. SIMILAR TERMS-------------------------------------- Arbiter One who, decides without any control. A judge with the most extensive arbitrary powers; an arbitrator. Arbitral award The decision reached by arbitrators in an arbitration (infra). Arbitral tribunal The panel of arbitrators or the single arbitrator charged with hearing and rendering an arbitral award in order to decide an arbitration. Arbitrament A term nearly synonymous with arbitration. Arbitrament and award The name of a plea to an action brought for the same cause which had been submitted to arbitration, and on which an award had been made. Arbitrary What depends on the will of the judge, not regulated or established by law. Arbitration The settling of a dispute by an arbitrator. Arbitration is a long established alternative to litigation (which may not always be less complex) and which involves an arbitrator reaching a judgment, which is binding on both parties. Where arbitrators cannot agree they may appoint an "umpire". The decision of an arbitrator is known as an "award". Arbitration agreement The agreement concluded between parties, providing for the submission of their dispute to arbitration, usually in a particular place, under a particular law governing the dispute along with rules of procedure governing the appointment of arbitrators and the arbitration process. The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different, each having a proper law of its own. Arbitration award An Arbitration Award is an agreement to submit to arbitration present or future disputes (whether they are contractual or not). The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement. Arbitration clause A clause in a bill of lading, a waybill, a charterparty or other contract, providing that any dispute arising under the contract shall be submitted to arbitration (supra) before one or more arbitrators, in the place and according to the laws and rules specified in the clause. Arbitration exception An exception to the principle of foreign sovereign immunity found in the Foreign Sovereign Immunities Act of the United States, whereby the foreign sovereign is not immune from jurisdiction in any case in which the action is brought to confirm an arbitral award if the arbitration agreement or arbitral award is or may be governed by a treaty or other international agreement in force for the United States calling for the recognition and enforcement of arbitral awards. Arbitrator A private extraordinary judge chosen by the parties who have a matter in dispute, invested with power to decide the same. Arbitrrary law An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. This term is used in opposition to immutable. PREVIOUS AND NEXT TERMS-------------------------------------- Arbitral award The decision reached by arbitrators in an arbitration (infra). Arbitral tribunal The panel of arbitrators or the single arbitrator charged with hearing and rendering an arbitral award in order to decide an arbitration. Arbitrament A term nearly synonymous with arbitration. Arbitrament and award The name of a plea to an action brought for the same cause which had been submitted to arbitration, and on which an award had been made. Arbitrary What depends on the will of the judge, not regulated or established by law. Arbitrary punishments Arbitration The settling of a dispute by an arbitrator. Arbitration is a long established alternative to litigation (which may not always be less complex) and which involves an arbitrator reaching a judgment, which is binding on both parties. Where arbitrators cannot agree they may appoint an "umpire". The decision of an arbitrator is known as an "award". Arbitration agreement The agreement concluded between parties, providing for the submission of their dispute to arbitration, usually in a particular place, under a particular law governing the dispute along with rules of procedure governing the appointment of arbitrators and the arbitration process. The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different, each having a proper law of its own. Arbitration award An Arbitration Award is an agreement to submit to arbitration present or future disputes (whether they are contractual or not). The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement. Arbitration clause A clause in a bill of lading, a waybill, a charterparty or other contract, providing that any dispute arising under the contract shall be submitted to arbitration (supra) before one or more arbitrators, in the place and according to the laws and rules specified in the clause. Arbitration exception An exception to the principle of foreign sovereign immunity found in the Foreign Sovereign Immunities Act of the United States, whereby the foreign sovereign is not immune from jurisdiction in any case in which the action is brought to confirm an arbitral award if the arbitration agreement or arbitral award is or may be governed by a treaty or other international agreement in force for the United States calling for the recognition and enforcement of arbitral awards. We thank you for using the Juridical Dictionary to search for Arbitrary punishments. If you have a better definition for Arbitrary punishments than the one presented here, please let us know by making use of the suggest a term option. This definition of Arbitrary punishments may be disputed by other professionals. Our attempt is to provide easy definitions on Arbitrary punishments and any other medical topic for the public at large.
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