injustice
injustice. 1. An unjust state of affairs; unfairness. 2. An unjust act.
manifest injustice. An error in the trial court that is direct, obvious, and observable, such as a defendant’s guilty plea that is involuntary or that is based on a plea agreement that the prosecution rescinds. [Cases: Criminal Law 273.1(2), 274(3.1). C.J.S. Criminal Law §§ 365–374.]
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manifest injustice 明显不公正 指在初审法院发生的直接的、明显的错误,如被告作出的有罪答辩是出于非自愿的,或者是基于与控诉方的控辩交易作出的,而后来控方又撤回了其允诺。可作为撤回有罪答辩的根据。
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Federal Tort Claims Act. A statute that limits federal sovereign immunity and allows recovery in federal court for tort damages caused by federal employees, but only if the law of the state where the injury occurred would hold a private person liable for the injury. 28 USCA §§ 2671–2680. — Abbr. FTCA. See sovereign immunity
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The principle that a promise made without consideration may nonetheless be enforced to prevent injustice if the promisor should have reasonably expected the promisee to rely on the promise and if the promisee did actually rely on the promise to his or her detriment. — Also termed (inaccurately) equitable estoppel. [Cases: Estoppel 85. C.J.S. Estoppel
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writ of supervisory control. A writ issued to correct an erroneous ruling made by a lower court either when there is no appeal or when an appeal cannot provide adequate relief and the ruling will result in gross injustice. [Cases: Courts 207. 1.]
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obvious error. A standard of review that applies to unobjected-to actions and omissions at trial that are so seriously prejudicial as to result in manifest injustice.
defensor civitatis (di-fen-s[schwa]r siv-i-tay-tis). [Latin “defender of the city”] Roman law. An officer conducting public business, including protecting people, esp. the poor, from legal injustices, adjudicating certain minor offenses and pecuniary matters, and acting as a notary in the execution of a will or other transfer. — Often shortened to defensor.
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(k[schwa]n-stan-tee).Civil law The doctrine that a court should give great weight to a rule of law that is accepted and applied in a long line of cases, and should not overrule or modify its own decisions unless clear error is shown and injustice will arise from continuation of a particular rule of law. • Civil-law
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