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Mistrial
MistrialAn erroneous trial on account of some defect in the persons trying, as if the jury come from the wrong county or because there was no issue formed, as if no plea be entered; or some other defect of jurisdiction. RELATED TERMS-------------------------------------- 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. Account Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them. Defect The want of something required by law. Jury A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals. Wrong An injury; a tort a violation of right. In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights, unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract; a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made. County Originally, a province governed by a count, - the earl or alderman to whom the government of the shire was entrusted. 1 Bl. Com. 116. Issue 1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings. Plea 1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration. Jurisdiction Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction. SIMILAR TERMS-------------------------------------- Mistake Contracts. An error committed in relation to some matter of fact affecting the rights of one of the parties to a contract. Mistery Mistery or Mystery.This word is said to be derived from the French mestier now written mātier, a trade. In law it signifies a trade, art, or occupation. PREVIOUS AND NEXT TERMS-------------------------------------- Misrepresentation A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract. Missing ship Maritime law. When a ship or other vessel has been at sea for a much longer time than she ought to have been, she is presumed to have perished there with all on board, and such a vessel is called a missing ship. Mississippi The name of one of the new states of the United States of America. This state was admitted into the Union, by a resolution of congress, passed the 10th day of December, 1817; 3 Story's L. U. S. 1716; by which it is "Resolved, that the state of Mississippi, shall be one, and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with these original states, in all respects whatever." Mistake Contracts. An error committed in relation to some matter of fact affecting the rights of one of the parties to a contract. Mistery Mistery or Mystery.This word is said to be derived from the French mestier now written mātier, a trade. In law it signifies a trade, art, or occupation. Mistrial Misuse of property The unlawful use of property. Misuser An unlawful use of a right. Mitigating circumstances These are facts that, while not negating an offence or wrongful action, tend to show that the defendant may have had some grounds for acting the way he/she did. For example, assault, though provoked, is still assault but provocation may constitute mitigating circumstances and allow for a lesser sentence. Mitigation A reduction, abatement, or diminution of a penalty or punishment imposed by law. Mitigation of damages A person who sues another for damages has a responsibility to minimize those damages, as far as reasonable. For example, in a wrongful dismissal suit, the person that was fired should make some effort to find another job so as to minimize the economic damage on themselves. We thank you for using the Juridical Dictionary to search for Mistrial. If you have a better definition for Mistrial than the one presented here, please let us know by making use of the suggest a term option. This definition of Mistrial may be disputed by other professionals. Our attempt is to provide easy definitions on Mistrial and any other medical topic for the public at large.
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