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| This dictionary contains: 8526 juridical terms |
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Discretion of the court
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Discretion of the courtAn area of choice available to a judge to make decisions after reviewing reasonable evidence.
RELATED TERMS--------------------------------------
Area
An enclosed yard or opening in a house; an open place adjoining to a house.
Choice
Preference either of a person or thing, to one of several other persons or things. Election.
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
Reasonable
Conformable or agreeable to reason; just; rational.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
SIMILAR TERMS--------------------------------------
Discharge
Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge.
Discharged
Released, or liberated from custody.
Disciplinary hearing
In the US penitentiary jargon, a hearing held in the jail to determine if a Rule Violation Report is substantiated and, if so, what discipline the inmate will receive.
Disciplinary Hearing Officer
In the US penitentiary jargon, the person who is responsible for conducting misconduct hearings and decides if discipline is deserved.
Disciplinary Isolation
In the US penitentiary jargon, a restrictive status of confinement to which an inmate receiving major discipline can be committed.ÿ Inmates in this status are housed separately and are denied the use all personal items except bedding, clothing, legal papers, personal correspondence, hygiene items, and religious reading material.ÿ Inmates shall be placed in disciplinary custody status for no longer than ten days per hearing.
Disciplinary lockdown
In the US penitentiary jargon, a restrictive status of confinement to which an inmate receiving major discipline can be committed.ÿ Inmates in this status are restricted to their living area and lose all revocable privileges, retaining the rights to professional visits, showers, and legal phone calls.ÿ Inmates shall be placed in disciplinary custody status for no longer than 72 hours per hearing.
Disciplinary procedure
An employer should draw up a disciplinary procedure preferably with union or employee involvement. It is normally a condition of the employment contract that it is subject to the disciplinary procedure in force from time to time. Such a procedure will assist the employer in arguing that he has acted fairly as well as setting down good practice for both employer and employee in disciplinary matters.
Disclaim
To refuse a gift made in a will.
Disclaimer
1) Chancery pleading. The renunciation of the defendant to all claims to the subject of the demand made by the plaintiff's bill. 2) Estates. The act of a party by which be refuses to accept of an estate which has been conveyed to him.
Discontinuance
1) Estates. An alienation made or suffered by the tenant in tail, or other tenant seised in autre droit, by which the issue in, tail, or heir or successor, or those in reversion or remainder, are driven to their action, and cannot enter. 2) Practice. This takes place when a plaintiff leaves a chasm in the proceedings of his cause, as by not continuing the process regularly from day to day, and time to time, as he ought.
Discount
Practice. A set off, or defalcation in an action.
Discounting
The procedure used to convert periodic income and reversions into present value: based on the assumption that benefits received in the future are worth less than the same benefits received now.
Discovert
Not covert, unmarried. The term is applied to a woman unmarried, or widow; one not within the bonds of matrimony.
Discovery
1) International law. The act of finding an unknown country. 2) Practice, pleading. The act of disclosing or revealing by a defendant, in his answer to a bill filed against him in a court of equity. 3) Rights. The patent laws of the United States use this word as synonymous with invention or improvement of July 4, 1836.
Discrepancy
A difference between one thing and another, between one writing and another; a variance.
Discretion
Criminal law. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful.
Discretionary trust
A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries is to receive either the income or the capital of the trust.
Discretionary trusts
Those which cannot be duly administered without the application of a certain degree of prudence and judgment; as when a fund is given to trustees to be distributed in certain charities to be selected by the trustees.
Discrimination
Under a range of different kinds of legislation, the law prohibits discrimination against various sectors of the workforce. Conduct is generally discriminatory where it may be considered to disadvantage a person of a particular sex or race, union members or non-members, ex-offenders, or from late 1996, the disabled. It may occur at recruitment, whilst employed or through termination. It is particularly important because in sex or race discrimination cases, the qualifying period of continuous employment for bringing a claim for dismissal does not apply when based upon discrimination and in such cases the limit on the amount an industrial tribunal may award is not applicable.
Discussion
Civil law. A proceeding, on the part of a surety, by which. the property of the principal debtor is made liable before resort can be had to the sureties.
PREVIOUS AND NEXT TERMS--------------------------------------
Discounting
The procedure used to convert periodic income and reversions into present value: based on the assumption that benefits received in the future are worth less than the same benefits received now.
Discovert
Not covert, unmarried. The term is applied to a woman unmarried, or widow; one not within the bonds of matrimony.
Discovery
1) International law. The act of finding an unknown country. 2) Practice, pleading. The act of disclosing or revealing by a defendant, in his answer to a bill filed against him in a court of equity. 3) Rights. The patent laws of the United States use this word as synonymous with invention or improvement of July 4, 1836.
Discrepancy
A difference between one thing and another, between one writing and another; a variance.
Discretion
Criminal law. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful.
Discretion of the court
Discretionary trust
A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries is to receive either the income or the capital of the trust.
Discretionary trusts
Those which cannot be duly administered without the application of a certain degree of prudence and judgment; as when a fund is given to trustees to be distributed in certain charities to be selected by the trustees.
Discrimination
Under a range of different kinds of legislation, the law prohibits discrimination against various sectors of the workforce. Conduct is generally discriminatory where it may be considered to disadvantage a person of a particular sex or race, union members or non-members, ex-offenders, or from late 1996, the disabled. It may occur at recruitment, whilst employed or through termination. It is particularly important because in sex or race discrimination cases, the qualifying period of continuous employment for bringing a claim for dismissal does not apply when based upon discrimination and in such cases the limit on the amount an industrial tribunal may award is not applicable.
Discussion
Civil law. A proceeding, on the part of a surety, by which. the property of the principal debtor is made liable before resort can be had to the sureties.
Disfranchisement
The act of depriving a member of a corporation of his right as such, by expulsion.
RELATED TERMS--------------------------------------
Area
An enclosed yard or opening in a house; an open place adjoining to a house.
Choice
Preference either of a person or thing, to one of several other persons or things. Election.
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
Reasonable
Conformable or agreeable to reason; just; rational.
Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.
SIMILAR TERMS--------------------------------------
Discharge
Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge.
Discharged
Released, or liberated from custody.
Disciplinary hearing
In the US penitentiary jargon, a hearing held in the jail to determine if a Rule Violation Report is substantiated and, if so, what discipline the inmate will receive.
Disciplinary Hearing Officer
In the US penitentiary jargon, the person who is responsible for conducting misconduct hearings and decides if discipline is deserved.
Disciplinary Isolation
In the US penitentiary jargon, a restrictive status of confinement to which an inmate receiving major discipline can be committed.ÿ Inmates in this status are housed separately and are denied the use all personal items except bedding, clothing, legal papers, personal correspondence, hygiene items, and religious reading material.ÿ Inmates shall be placed in disciplinary custody status for no longer than ten days per hearing.
Disciplinary lockdown
In the US penitentiary jargon, a restrictive status of confinement to which an inmate receiving major discipline can be committed.ÿ Inmates in this status are restricted to their living area and lose all revocable privileges, retaining the rights to professional visits, showers, and legal phone calls.ÿ Inmates shall be placed in disciplinary custody status for no longer than 72 hours per hearing.
Disciplinary procedure
An employer should draw up a disciplinary procedure preferably with union or employee involvement. It is normally a condition of the employment contract that it is subject to the disciplinary procedure in force from time to time. Such a procedure will assist the employer in arguing that he has acted fairly as well as setting down good practice for both employer and employee in disciplinary matters.
Disclaim
To refuse a gift made in a will.
Disclaimer
1) Chancery pleading. The renunciation of the defendant to all claims to the subject of the demand made by the plaintiff's bill. 2) Estates. The act of a party by which be refuses to accept of an estate which has been conveyed to him.
Discontinuance
1) Estates. An alienation made or suffered by the tenant in tail, or other tenant seised in autre droit, by which the issue in, tail, or heir or successor, or those in reversion or remainder, are driven to their action, and cannot enter. 2) Practice. This takes place when a plaintiff leaves a chasm in the proceedings of his cause, as by not continuing the process regularly from day to day, and time to time, as he ought.
Discount
Practice. A set off, or defalcation in an action.
Discounting
The procedure used to convert periodic income and reversions into present value: based on the assumption that benefits received in the future are worth less than the same benefits received now.
Discovert
Not covert, unmarried. The term is applied to a woman unmarried, or widow; one not within the bonds of matrimony.
Discovery
1) International law. The act of finding an unknown country. 2) Practice, pleading. The act of disclosing or revealing by a defendant, in his answer to a bill filed against him in a court of equity. 3) Rights. The patent laws of the United States use this word as synonymous with invention or improvement of July 4, 1836.
Discrepancy
A difference between one thing and another, between one writing and another; a variance.
Discretion
Criminal law. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful.
Discretionary trust
A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries is to receive either the income or the capital of the trust.
Discretionary trusts
Those which cannot be duly administered without the application of a certain degree of prudence and judgment; as when a fund is given to trustees to be distributed in certain charities to be selected by the trustees.
Discrimination
Under a range of different kinds of legislation, the law prohibits discrimination against various sectors of the workforce. Conduct is generally discriminatory where it may be considered to disadvantage a person of a particular sex or race, union members or non-members, ex-offenders, or from late 1996, the disabled. It may occur at recruitment, whilst employed or through termination. It is particularly important because in sex or race discrimination cases, the qualifying period of continuous employment for bringing a claim for dismissal does not apply when based upon discrimination and in such cases the limit on the amount an industrial tribunal may award is not applicable.
Discussion
Civil law. A proceeding, on the part of a surety, by which. the property of the principal debtor is made liable before resort can be had to the sureties.
PREVIOUS AND NEXT TERMS--------------------------------------
Discounting
The procedure used to convert periodic income and reversions into present value: based on the assumption that benefits received in the future are worth less than the same benefits received now.
Discovert
Not covert, unmarried. The term is applied to a woman unmarried, or widow; one not within the bonds of matrimony.
Discovery
1) International law. The act of finding an unknown country. 2) Practice, pleading. The act of disclosing or revealing by a defendant, in his answer to a bill filed against him in a court of equity. 3) Rights. The patent laws of the United States use this word as synonymous with invention or improvement of July 4, 1836.
Discrepancy
A difference between one thing and another, between one writing and another; a variance.
Discretion
Criminal law. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful.
Discretion of the court
Discretionary trust
A trust in which the settlor has given the trustee full discretion to decide which (and when) members of a group of beneficiaries is to receive either the income or the capital of the trust.
Discretionary trusts
Those which cannot be duly administered without the application of a certain degree of prudence and judgment; as when a fund is given to trustees to be distributed in certain charities to be selected by the trustees.
Discrimination
Under a range of different kinds of legislation, the law prohibits discrimination against various sectors of the workforce. Conduct is generally discriminatory where it may be considered to disadvantage a person of a particular sex or race, union members or non-members, ex-offenders, or from late 1996, the disabled. It may occur at recruitment, whilst employed or through termination. It is particularly important because in sex or race discrimination cases, the qualifying period of continuous employment for bringing a claim for dismissal does not apply when based upon discrimination and in such cases the limit on the amount an industrial tribunal may award is not applicable.
Discussion
Civil law. A proceeding, on the part of a surety, by which. the property of the principal debtor is made liable before resort can be had to the sureties.
Disfranchisement
The act of depriving a member of a corporation of his right as such, by expulsion.
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This dictionary contains 8526 terms.
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