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Audiendo et terminando
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Audiendo et terminandoOyer and terminer. English Criminal law. A writ, or rather a commission, directed to certain persons for the trial and punishment of such persons as have been concerned in a riotous assembly, insurrection or other heinous misdemeanor.
RELATED TERMS--------------------------------------
Oyer
Pleading. Oyer is a French word signifying to hear; in pleading it is a prayer or petition to the court, that the party may hear read to him the deed, &c., stated in the pleadings of the opposite party, aud which deed is by intendment of law in court, when it is pleaded with a profert.
Criminal
Relating to, or having the character of crime
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Writ
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. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Commission
1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office.
Trial
Practice., The examination before a competent tribunal, according to the laws, of the land, of the facts put in issue in a cause, for the purpose of determining such issue.
Punishment
Criminal law. Some pain or penalty warranted by law, inflicted on a person, for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court.
Assembly
The union of a number of persons in the same place.
Insurrection
A rebellion of citizens or subjects of a country against its government.
Misdemeanor
In most US states, a crime less serious than a felony for which the maximum sentence is usually not more than one year in a county jail. A sentence usually involves probation, jail time, a fine, or a combination of any or all of these three. Except in certain specific instances, persons convicted of a misdemeanor cannot be sentenced to prison.
SIMILAR TERMS--------------------------------------
Audi alteram partem
Latin: a principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard. Habeas corpus was an early expression of the audi alteram partem principle. In more recent years, it has been extended to include the right to receive notice of a hearing and to be given an opportunity to be represented or heard.
Audi altoram partem
Hear the other side -- the accused, the defendant.
Audi lawyer
A lawyer representing German multinational car maker Audi.
Audience
A hearing. It is usual for the executive of a country to whom a minister has been sent, to give such minister an audience. And after a minister has been recalled, au audience of leave usually takes place.
Audience court
English. Ecclesiastical law. A court belonging to the archbishop of Canterbury, having the same authority with the court of arches.
Audire
To hear. Compare Oyer.
Audit
Literally, he hears; a hearing.
Audita querela
The complaint having been heard. An audita querela lies where a defendant, against whom a judgment is recovered and who is therefore in danger of execution, may be relieved upon good matter of discharge which has happened since the judgment: as if the plaintiff has given him a general release, or if the defendant has paid the debt without procuring satisfaction to be entered on the record.
Auditor
An officer whose duty is to examine the accounts of officers who have received and dishursed public moneys by lawful authority.
PREVIOUS AND NEXT TERMS--------------------------------------
Auctor
Among the Romans the seller was called auctor; and public, sales were made by fixing a spear in the forum, and a person who acted as crier stood by the spear the catalogue of the goods to be sold was made in tables called auctionariae.
Audi alteram partem
Latin: a principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard. Habeas corpus was an early expression of the audi alteram partem principle. In more recent years, it has been extended to include the right to receive notice of a hearing and to be given an opportunity to be represented or heard.
Audi altoram partem
Hear the other side -- the accused, the defendant.
Audience
A hearing. It is usual for the executive of a country to whom a minister has been sent, to give such minister an audience. And after a minister has been recalled, au audience of leave usually takes place.
Audience court
English. Ecclesiastical law. A court belonging to the archbishop of Canterbury, having the same authority with the court of arches.
Audiendo et terminando
Audire
To hear. Compare Oyer.
Audit
Literally, he hears; a hearing.
Audita querela
The complaint having been heard. An audita querela lies where a defendant, against whom a judgment is recovered and who is therefore in danger of execution, may be relieved upon good matter of discharge which has happened since the judgment: as if the plaintiff has given him a general release, or if the defendant has paid the debt without procuring satisfaction to be entered on the record.
Auditor
An officer whose duty is to examine the accounts of officers who have received and dishursed public moneys by lawful authority.
Augmentation
Old English law. The name of a court erected by Henry VIII., which was invested with the power of determining suits and controversies relating to monasteries and abbey lands.
RELATED TERMS--------------------------------------
Oyer
Pleading. Oyer is a French word signifying to hear; in pleading it is a prayer or petition to the court, that the party may hear read to him the deed, &c., stated in the pleadings of the opposite party, aud which deed is by intendment of law in court, when it is pleaded with a profert.
Criminal
Relating to, or having the character of crime
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Writ
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. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Commission
1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office.
Trial
Practice., The examination before a competent tribunal, according to the laws, of the land, of the facts put in issue in a cause, for the purpose of determining such issue.
Punishment
Criminal law. Some pain or penalty warranted by law, inflicted on a person, for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court.
Assembly
The union of a number of persons in the same place.
Insurrection
A rebellion of citizens or subjects of a country against its government.
Misdemeanor
In most US states, a crime less serious than a felony for which the maximum sentence is usually not more than one year in a county jail. A sentence usually involves probation, jail time, a fine, or a combination of any or all of these three. Except in certain specific instances, persons convicted of a misdemeanor cannot be sentenced to prison.
SIMILAR TERMS--------------------------------------
Audi alteram partem
Latin: a principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard. Habeas corpus was an early expression of the audi alteram partem principle. In more recent years, it has been extended to include the right to receive notice of a hearing and to be given an opportunity to be represented or heard.
Audi altoram partem
Hear the other side -- the accused, the defendant.
Audi lawyer
A lawyer representing German multinational car maker Audi.
Audience
A hearing. It is usual for the executive of a country to whom a minister has been sent, to give such minister an audience. And after a minister has been recalled, au audience of leave usually takes place.
Audience court
English. Ecclesiastical law. A court belonging to the archbishop of Canterbury, having the same authority with the court of arches.
Audire
To hear. Compare Oyer.
Audit
Literally, he hears; a hearing.
Audita querela
The complaint having been heard. An audita querela lies where a defendant, against whom a judgment is recovered and who is therefore in danger of execution, may be relieved upon good matter of discharge which has happened since the judgment: as if the plaintiff has given him a general release, or if the defendant has paid the debt without procuring satisfaction to be entered on the record.
Auditor
An officer whose duty is to examine the accounts of officers who have received and dishursed public moneys by lawful authority.
PREVIOUS AND NEXT TERMS--------------------------------------
Auctor
Among the Romans the seller was called auctor; and public, sales were made by fixing a spear in the forum, and a person who acted as crier stood by the spear the catalogue of the goods to be sold was made in tables called auctionariae.
Audi alteram partem
Latin: a principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard. Habeas corpus was an early expression of the audi alteram partem principle. In more recent years, it has been extended to include the right to receive notice of a hearing and to be given an opportunity to be represented or heard.
Audi altoram partem
Hear the other side -- the accused, the defendant.
Audience
A hearing. It is usual for the executive of a country to whom a minister has been sent, to give such minister an audience. And after a minister has been recalled, au audience of leave usually takes place.
Audience court
English. Ecclesiastical law. A court belonging to the archbishop of Canterbury, having the same authority with the court of arches.
Audiendo et terminando
Audire
To hear. Compare Oyer.
Audit
Literally, he hears; a hearing.
Audita querela
The complaint having been heard. An audita querela lies where a defendant, against whom a judgment is recovered and who is therefore in danger of execution, may be relieved upon good matter of discharge which has happened since the judgment: as if the plaintiff has given him a general release, or if the defendant has paid the debt without procuring satisfaction to be entered on the record.
Auditor
An officer whose duty is to examine the accounts of officers who have received and dishursed public moneys by lawful authority.
Augmentation
Old English law. The name of a court erected by Henry VIII., which was invested with the power of determining suits and controversies relating to monasteries and abbey lands.
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This dictionary contains 8526 terms.
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