alternative order
An order commanding the person to whom it is directed either to do a specific thing or to show cause why the court should not order it to be done.
An order commanding the person to whom it is directed either to do a specific thing or to show cause why the court should not order it to be done.
An order to buy a security by either of two alternatives (e.g., buy a stock at a limited price or buy on a stop order). — Also termed either-or order.
A common-law writ commanding the person against whom it is issued either to do a specific thing or to show cause why the court should not order it to be done. [Cases: Mandamus 158. C.J.S. Mandamus § 343.]
alternative writ 选择令状 普通法上的一种令状,它要求某人为特定行为,或者向法院说明他不应被强制为该行为的理由。普通法诉讼上的第一个执行职务令〔mandamus〕就是一个可选择的令状,但在现代诉讼中这种令状通常不用,而代之以说明理由的命令〔order to show cause〕。
fact-finding. 1. The process of taking evidence to determine the truth about a disputed point of fact. 2. Int’l law. The gathering of information for purposes of international relations, including the peaceful settlement of disputes and the supervision of international agreements. • Examples of fact-finding include legislative tours and the acquisition of information required for
private judging. A type of alternative dispute resolution whereby the parties hire a private individual to hear and decide a case. • This process may occur as a matter of contract between the parties or in connection with a statute authorizing such a process. — Also termed rent-a-judging. “In contrast [to arbitration], private judging is
shelter, n. 1. A place of refuge providing safety from danger, attack, or observation. homeless shelter. A privately or publicly operated residential facility providing overnight accommodation free of charge to homeless people. • Most homeless shelters accept occupants on a first-come-first-served basis and are open only from early evening to early morning. Those that serve
remittitur (ri-mit-i-t[schwa]r). 1. An order awarding a new trial, or a damages amount lower than that awarded by the jury, and requiring the plaintiff to choose between those alternatives (the defendant sought a remittitur of the $100 million judgment). 2. The process by which a court requires either that the case be retried, or that
restorative justice. An alternative delinquency sanction that focuses on repairing the harm done, meeting the victim’s needs, and holding the offender responsible for his or her actions. • Restorative-justice sanctions use a balanced approach, producing the least restrictive disposition while stressing the offender’s accountability and providing relief to the victim. The offender may be ordered
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mandamus (man-day-m[schwa]s), n. [Latin “we command”] A writ issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. — Also termed writ of mandamus; mandate; (in BrE) order. [Cases: Mandamus 1. C.J.S. Mandamus §§ 2–6.] Pl. mandamuses. — mandamus, vb. alternative mandamus. A