Dictionary Search: "Standing" - Pakistan Law Portal

Notwithstanding

prep. Despite; in spite of <notwithstanding the conditions listed above, the landlord can terminate the lease if the tenant defaults>.

Outstanding

adj. 1. Unpaid; uncollected <outstanding debts>. 2. Publicly issued and sold <outstanding shares>.

Standing

n. A party's right to make a legal claim or seek judicial enforcement of a duty or right. ( To have standing in federal court, a plaintiff must show (1) that the challenged conduct has caused the plaintiff actual injury, and (2) that the interest sought to be protected is within the zone of interests meant to be regulated by the statutory or constitutional guarantee in question. - Also termed standing to sue. Cf. JUSTICIABILITY. "Have the appellants alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions? This is the gist of the question of standing." Baker u. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 703 (1962) (Brennan, J.). "The word standing is rather recent in the basic judicial vocabulary and does not appear to have been commonly used until the middle of our own century. No authority that I have found introduces the term with proper explanations and apologies and announces that henceforth standing should be used to describe who may be heard by a judge. Nor was there any sudden adoption by tacit consent. The word appears here and there, spteading very gradually with no discernible pattern. Judges and lawyers found themselves using the term and did not ask why they did so or where it came from." Joseph Vining, Legal Identity 55 (1978).

Standing Committee on Rules of Practice and Procedure

A group of judges, lawyers, and legal scholars appointed by the Chief Justice of the United States to advise the Judicial Conference of the United States on possible amendments to the procedural rules in the various federal courts and on other issues relating to the operation of the federal courts. 28 USCA § 331. "[Under 28 USCA § 331], the Judicial Conference of the United States has created a Standing Committee on Rules of Practice and Procedure and has authorized the appointment from time to time of various advisory committees. These committees make recommendations regarding amendments of the rules to the Judicial Conference, which in turn transmits those recommendations it approves to the Supreme Court. Under this new plan, as under the machinery in effect from 1934 to 1956, the Court retains the ultimate responsibility for the adoption of amendments to the rules." 4 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1007, at 35 (2d ed. 1987).

Understanding

n. 1. The process of comprehending; the act of a person who understands something. 2. One's personal interpretation of an event or occurrence. 3. An agreement, esp. of an implied or tacit nature.

estoppel by standing by

See estoppel by silence under ESTOPPEL.

etstanding security

See SECURITY.

judgment notwithstanding the verdict

A judgment entered for one party even though a jury verdict has been rendered for the opposing party. - Also termed judgment non obstante veredicto (non ahb-Stan-tee ver-a-diktoh). - Abbr. JNOV. See judgment as a matter of law.

memorandum of understanding

See LETTER OF INTENT.

motion for judgment notwithstanding the verdict

A party's request that the court enter a judgment in its favor despite the jury's contrary verdict because there is no legally sufficient evidentiary basis for a jury to find for the other party. ( Under the Federal Rules of Civil Procedure, this procedure has been replaced by the provision for a motion for judgment as a matter of law, which must be presented before the case has been submitted to the jury but can be reasserted if it is denied and the jury returns an unfavorable verdict. Fed. R. Civ. P. 50. - Also termed motion for j.n.o.v. See MOTION FOR JUDGMENT AS A MATTER OF LAW.

outstanding capital stock

See outstanding stock under STOCK.

outstanding security

A security that is held by an investor and has not been redeemed by the issuing corporation.

outstanding stock

Stock that is held by investors and has not been redeemed by the issuing corporation. - Also termed outstanding capital stock; shares outstanding.

outstanding warrant

An unexecuted arrest warrant.

shares outstanding

See outstanding stock under STOCK.

standing aside a juror

The prosecution practice of provisionally placing a juror aside until the panel is exhausted, without providing a reason, instead of challenging the juror or showing cause. ( The practice originally developed as a method of avoiding the Challenge of Jurors Act (1305), which prohibited the Crown from challenging a juror without showing cause. A similar practice was formerly used in Pennsylvania.

standing by

1 The awaiting of an opportunity to respond, as with assistance. 2. Silence or inaction when there is a duty to speak or act; esp., the tacit possession of knowledge under circumstances requiring the possessor to reveal the knowledge. See estoppel by silence under ESTOPPEL.

standing committee

A permanent legislative committee concerned with a specific field of legislation. ( A standing committee usu. considers basic questions of legislative policy, holds hearings on legislation, eliminates unwanted bills, and prepares favored measures for passage. - Also termed permanent committee.2. (kom-i-tee) A person who is civilly committed, usu. to a psychiatric hospital <the board determined that the committee was dangerous and should not be released>. 3. (kom-i-tee) The guardian for the person so committed <the patient's lawyer objected to the appointment of the committee>.

standing master

A master appointed to assist the court on an ongoing basis.

standing mortgage

See interest-only mortgage.

standing offer

An offer that is in effect a whole series of offers, each of which is capable of being converted into a contract by a distinct acceptance.

standing order

See ORDER (2;

standing seised to uses

Holding title for the benefit or use of another, such as a relative in consideration of blood or marriage. ( A covenant to stand seised to uses is a type of conveyance that depends on the Statute of Uses for its effect. - Often shortened to seised to uses. See STATUTE OF USES.

standing to sue

See STANDING.

taxpayer-standing doctrine

Constitutional law. The principle that a taxpayer has no standing to sue the government for allegedly misspending the public's tax money unless the taxpayer can demonstrate a personal stake and show some direct injury.

third party standing

Standing held by someone claiming to protect the rights of others.

third-party standing