reserved point of law
An important or difficult point of law that arises during trial but that the judge sets aside for future argument or decision so that testimony can continue. — Also termed point reserved.
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An important or difficult point of law that arises during trial but that the judge sets aside for future argument or decision so that testimony can continue. — Also termed point reserved.
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point of law. A discrete legal proposition at issue in a case. reserved point of law. An important or difficult point of law that arises during trial but that the judge sets aside for future argument or decision so that testimony can continue. — Also termed point reserved.
case reserved 〈美〉保留案件 指案件的事实已在庭审中得到证明,但由于在庭审过程中产生的某些法律点〔points of law〕在当时尚不能作出令人满意的裁决时,法官要制作一份书面报告,述明案件情况,留待在本院全体法官庭上经过充分辩论后再作裁决,或报请上级法院裁决。这种案件有时也叫特别案件〔special case〕。
question of law. 1. An issue to be decided by the judge, concerning the application or interpretation of the law (a jury cannot decide questions of law, which are reserved for the court). 2. A question that the law itself has authoritatively answered, so that the court may not answer it as a matter of
reserving points of law 法律问题的保留 普通法中以前常见的一种作法,指巡回审判开庭时法官只查明事实,取得陪审团的裁断,而对于法律问题则要留给威斯敏斯特的全体法官解决。这种做法在1876年《上诉管辖法》〔Appellate Jurisdiction Act〕之后终止。(→Court for Consideration of Crown Cases Reserved)
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A verdict that is subject to the court’s determination of a legal issue reserved to the court upon the trial, so that judgment is ultimately entered depending on the court’s ruling on a point of law. [Cases: Judgment 199(4). C.J.S. Judgments § 62.]
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Hist. 1.An informal assembly of common-law judges who (sometimes with the Lord Chancellor) gathered to discuss important cases that had adjourned pending an opinion from the Court. • This body never became a court of law in a technical sense, but judges gave great weight to its decisions. The last reported decision of this body
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