Search Results for: QUALIFICATION

recusatio judicis

recusatio judicis (reh-kyoo-zay-shee-oh joo-dish-is), n. [Latin] Eccles. law. The procedure and grounds by which a judge may be challenged and removed from hearing a case. • The grounds for disqualification traditionally include great friendship or enmity with a party, close kinship to a party, acceptance of a bribe, previously giving counsel to a party, or

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reservation

reservation. 1. The creation of a new right or interest (such as an easement), by and for the grantor, in real property being granted to another. Cf. EXCEPTION(3). [Cases: Deeds 141; Easements 14. C.J.S. Deeds §§ 279–282, 284; Easements § 60.] implied reservation. An implied easement that reserves in a landowner an easement across a

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infamis

infamis (in-fay-mis), adj. [Latin] Roman law. (Of a person or action) of ill-repute. • A person was automatically infamis if held liable for certain torts or breaches of fiduciary duty. This type of condemnation carried with it certain disabilities, such as disqualification from office or ineligibility to witness a formal transaction.

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judicial bias

A judge’s bias toward one or more of the parties to a case over which the judge presides. • Judicial bias is usu. insufficient to justify disqualifying a judge from presiding over a case. To justify disqualification or recusal, the judge’s bias usu. must be personal or based on some extrajudicial reason. [Cases: Judges 49.

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judicial activism

judicial activism, n. A philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions, usu. with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent. Cf. JUDICIAL RESTRAINT(3). — judicial activist, n. “[I]f to resolve the

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