trial by inspection

trial by inspection
A trial by the judges, not by a jury, of some single matter which was obvious to sight. Roberts v Ogdensburgh & Lake Champlain Railroad Co. (NY) 29 Hun 154, 156. In former times, the English courts of common law might, if they saw fit, try by inspection or examination, without a jury, the question of the infancy, or of the identity of a party; or, on an appeal of mayhem, the issue of mayhem or no mayhem; and, in an action of trespass for mayhem, or for an atrocious battery, might after a verdict for the plaintiff, and on his motion, and upon their own inspection of the wound, super visum vulneris, increase the damages at their discretion. In each of those exceptional cases, it was not thought necessary to call ajury to decide it, because the fact, from its nature, was deemed evident to the court, either from ocular demonstration or other irrefragible proof. The inspection was not had for the purpose of submitting the result to the jury; the question was thought too easy to require such submission. Union Pacific Railway Co. v Botsford, 141 US 250, 35 L Ed 734, 737, 11 S Ct 1000.

Ballentine's law dictionary. . 1998.

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  • Trial by inspection — Inspection In*spec tion, n. [L. inspectio: cf. F. inspection.] 1. The act or process of inspecting or looking at carefully; a strict or prying examination; close or careful scrutiny; investigation. Spenser. [1913 Webster] With narrow search, and… …   The Collaborative International Dictionary of English

  • trial by inspection — A mode of trial formerly in use in England, by which the judges of a court decided a point in dispute, upon the testimony of their own senses, without the intervention of a jury. This took place in cases where the fact upon which issue was taken… …   Black's law dictionary

  • trial by inspection — A mode of trial formerly in use in England, by which the judges of a court decided a point in dispute, upon the testimony of their own senses, without the intervention of a jury. This took place in cases where the fact upon which issue was taken… …   Black's law dictionary

  • trial by inspection — a trial of a case formerly settled by the individual observation and decision of the judge upon the testimony of his own senses without the intervention of a jury …   Useful english dictionary

  • Inspection — In*spec tion, n. [L. inspectio: cf. F. inspection.] 1. The act or process of inspecting or looking at carefully; a strict or prying examination; close or careful scrutiny; investigation. Spenser. [1913 Webster] With narrow search, and with… …   The Collaborative International Dictionary of English

  • inspection — The act of inspecting, whether it be articles offered for sale, real estate, or the conduct of a person. The right by which, as a general rule, the buyer of goods is entitled to a fair opportunity to inspect or examine the article or commodity… …   Ballentine's law dictionary

  • trial by the court — A trial held before one or more judges without a jury. Air way Electric Appliance Corp. v Day, 266 US 42, 70, 69 L Ed 162, 169, 45 S Ct 18. See trial by inspection …   Ballentine's law dictionary

  • inspection — in·spec·tion n: a careful and critical examination: as a: a buyer s examination of goods prior to payment or acceptance esp. in accordance with section 2 513 of the Uniform Commercial Code b: an examination of articles of commerce to determine… …   Law dictionary

  • trial — tri·al n [Anglo French, from trier to try]: a judicial examination of issues of fact or law disputed by parties for the purpose of determining the rights of the parties compare hearing, inquest at trial: in or during the course of a trial Merriam …   Law dictionary

  • inspection of documents — n. A process done during discovery in which a party examines and copies documents held by the opposing party that are relevant to the lawsuit. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell …   Law dictionary

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