H
Lat., "that you have the
body," words used in various writs, commanding one who detains another to
have, or bring, him before the court issuing the same.
A flexible term for a court
proceeding or the trial of a suit. (2) the examination of witnesses incident to
the making of a judicial determination as to whether an accused person shall be
held for trial.
Statements offered by a witness,
based upon what someone else has told him, and not upon personal knowledge or
observation. Usually, such evidence is inadmissible, but exceptions are made,
e.g., in questions of pedigree, custom, reputation, dying declarations, and
statements made against the interest of the
declarant. (2) A statement other than one made by the declarant while
testifying at the trial or hearing, offered in evidence to prove the truth of
the matter asserted. Fed. R. Evid. 801(c).
The principle which reasonably
may be drawn from the decision which a court or judge actually makes in a case;
the opposite of dictum (q.v.). (2) the resolution of the unique dispute which
is before a judge or court in a specific case. (3) A broad term for something
which a person owns or possesses.
