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Summary dismissal
Summary dismissalGross misconduct should ideally be defined in the employment contract and, where committed should allow the employer to dismiss without notice or prior warnings. Such conduct will normally include theft, violence, falsification of records and other serious matters. The list should be stated as being non-exhaustive to allow the employer discretion. RELATED TERMS-------------------------------------- Gross Absolute; entire, not depending on another. Misconduct Unlawful behaviour by a person entrusted in any degree: with the administration of justice, by which the rights of the parties and the justice of the, case may have been affected. Employment An employment is an office. Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. Employer One who has engaged or hired the services of another. He is entitled to rights and bound to perform duties. Dismiss The termination of a case without a final disposition of the matter. Without Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause. Notice The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave. Conduct Law of nations. This term is used in the phrase safe conduct, to signify the security given, by authority of the government, under the great seal, to a stranger, for his quietly coming into and passing out of the territories over which it has jurisdiction. Will A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed. Theft Crimes. This word is sometimes used as synonymous with larceny, . but it is not so technical. Violence The abuse of force. Theorie des Lois Criminelles. That force which is employed against common right, against the laws, and against public liberty List A table of cases arranged for trial or argument; as, the trial list, the argument list. Discretion Criminal law. The ability to know and distinguish between good and evil; between what is lawful and what is unlawful. SIMILAR TERMS-------------------------------------- Summary judgment A judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law. Summary proceedings When cases are-to be adjudged promptly, without any unnecessary form, the proceedings are said to be summary. Summing up Practice. The act of making a speech before a court and jury, after all the evidence has been heard, in favor of one of the parties in the cause, is called summing up. When the judge delivers his charge to the jury, he is also said to sum up the evidence in the case. Summon, to Practice. The act by which a defendant is notified by a compepetent officer, that an action has been instituted against him, and that he is required to answer to it at a time and place named. This is done either by giving the defendant a copy of the summons, or leaving it at his house; or by reading the summons to him. Summoners Petty officers who cite men to appear in any court. Summons Practice. The name of a writ commanding the sheriff, or other authorized officer, to notify a party to appear in court to answer a complaint made against him and in the said writ specified, on a day therein mentioned. Summons and severance Summum jus Extreme right, strict right. It is seldom that extreme right can be administered without the danger of doing injustice, for extreme right may produce extreme wrong. Summum jus, summa injuria. PREVIOUS AND NEXT TERMS-------------------------------------- Suicide Crimes, med. jur. The act of malicious self-murder; felo de se. But it has been decided in England that where a man's life was insured, and the policy contained a proviso that "every policy effected by a person on his or her own life should be void, if such person should commit suicide, or die by duelling or the hands of justice," the terms of the condition included all acts of voluntary self-destruction, whether the insured at the time such act was committed, was or was not a moral responsible agent. Suit An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit. Suite Those persons, who by his authority, follow or attend an ambassador or other public minister. Suitor One who is a party to a suit or action in court. One who is a party to an action. In its ancient sense, suitor meant one Who was bound to attend the county court, also, one who formed part of the secta. Sultan The title of the Turkish sovereign and other Mabometan princes. Summary dismissal Summary judgment A judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law. Summary proceedings When cases are-to be adjudged promptly, without any unnecessary form, the proceedings are said to be summary. Summing up Practice. The act of making a speech before a court and jury, after all the evidence has been heard, in favor of one of the parties in the cause, is called summing up. When the judge delivers his charge to the jury, he is also said to sum up the evidence in the case. Summon, to Practice. The act by which a defendant is notified by a compepetent officer, that an action has been instituted against him, and that he is required to answer to it at a time and place named. This is done either by giving the defendant a copy of the summons, or leaving it at his house; or by reading the summons to him. Summoners Petty officers who cite men to appear in any court. We thank you for using the Juridical Dictionary to search for Summary dismissal. If you have a better definition for Summary dismissal than the one presented here, please let us know by making use of the suggest a term option. This definition of Summary dismissal may be disputed by other professionals. Our attempt is to provide easy definitions on Summary dismissal and any other medical topic for the public at large.
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