distringas (di-string-gas), n. [Law Latin “you are to distrain”] 1. A writ ordering a sheriff to distrain a defendant’s property to compel the defendant to perform an obligation, such as appearing in court or giving up a chattel to a plaintiff awarded judgment in a detinue action. 2. A writ ordering the sheriff to seize […]
A writ commencing an action and directing the defendant to appear and answer. • In the United States, this writ has been largely superseded by the summons. At common law, this type of writ was a mandatory letter issuing from the court of chancery under the great seal, and in the king’s name, directed to
Sixth Amendment. The constitutional amendment, ratified with the Bill of Rights in 1791, guaranteeing in criminal cases the right to a speedy and public trial by jury, the right to be informed of the nature of the accusation, the right to confront witnesses, the right to counsel, and the right to compulsory process for obtaining
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
award, n. A final judgment or decision, esp. one by an arbitrator or by a jury assessing damages. — Also termed arbitrament. award, vb. To grant by formal process or by judicial decree (the company awarded the contract to the low bidder) (the jury awarded punitive damages).
poll, n. 1. A sampling of opinions on a given topic, conducted randomly or obtained from a specified group. 2. The act or process of voting at an election. 3. The result of the counting of votes. 4. (usu. pl.) The place where votes are cast. poll, vb. 1. To ask how each member of
indict (in-dIt), vb. To charge (a person) with a crime by formal legal process, esp. by grand-jury presentation. — Also formerly spelled endite; indite.
Fifth Amendment. The constitutional amendment, ratified with the Bill of Rights in 1791, providing that a person cannot be (1) required to answer for a capital or otherwise infamous offense unless a grand jury issues an indictment or presentment, (2) subjected to double jeopardy, (3) compelled to engage in self-incrimination on a criminal matter, (4)
subtraction. 1. The process of deducting one number from another number to determine the difference. 2. Hist. The act of neglecting a duty or service that one party owes to another, esp. one that arises out of land tenure. “Subtraction, which is the fifth species of injuries affecting a man’s real property, happens, when any
Duren test. Constitutional law. A test to determine whether a jury’s composition violates the fair-cross-section requirement and a criminal defendant’s Sixth Amendment right to an impartial jury. • Under the test, a constitutional violation occurs if (1) a distinctive group is not fairly and reasonably represented in the jury pool in relation to its population