Recusation definition

Recusation





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3 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Recusation \Rec`u*sa"tion\ (r?k`?*z?"sh?n), n. [L. recusatio:
     cf. F. r['e]cusation.]
     1. Refusal. [Obs.]
        [1913 Webster]
  
     2. (Old Law) The act of refusing a judge or challenging that


        he shall not try the cause, on account of his supposed
        partiality. --Blackstone.
        [1913 Webster]

From WordNet (r) 2.0 [wn]:

  recusation
       n 1: (law) the disqualification of a judge or jury by reason of
            prejudice or conflict of interest; a judge can be
            recused by objections of either party or judges can
            disqualify themselves [syn: {recusal}]
       2: (law) an objection grounded on the judge's relationship to
          one of the parties

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  RECUSATION, civ. law. A plea or exception by which the defendant requires 
  that the judge having jurisdiction of the cause, should abstain from 
  deciding upon the ground of interest, or for a legal objection to his 
  prejudice. 
       2. A recusation is not a plea to the jurisdiction of the court, but 
  simply to the person of the judge. It may, however, extend to all the 
  judges, as when the party has a suit against the whole court. Poth. Proced. 
  Civ. 1ere part., ch. 2, s. 5. It is a personal challenge of the judge for 
  cause. 
       3. It is a maxim of every good system of law, that a man shall not be 
  judge in his own cause. 2 L. R. 390; 6 L. R. 134 Ayl. Parerg. 451; Dict. de 
  Jur. h.t.; Merl. Repert. h.t.; vide Jacob's Intr. to the Com. Civ. and Can. 
  L. 11; 8 Co. 118 Dyer, 65. Dall. Diet. h.t. 
       4. By recusation is also understood the challenge of jurors. Code of 
  Practice of Louis. art. 499, 500. Recusation is also an act, of what nature 
  soever it may be, by which a strange heir, by deeds or words, declares he 
  will not be heir. Dig. 29, 2, 95. See, generally, 1 Hopk. Ch. R. 1; 5 Mart. 
  Lo. R. 292; and Challenge. 
  
  

















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