Stand

Stand in United Kingdom

Meaning of Stand

The following is an old definition of Stand [1]: Pleadings and transactions which cannot be shown to be illegal are said “to stand; ” and a person who has or has not a right to sue is said to have or not to have ” standing in court.” Compare Status. Stand aside. Statute 33 Edw. I (1303) forbade the crown to challenge jurors except for cause shown. A rule of practice then arose which permitted the prosecution to direct jurors to ” stand aside until the whole panel be gone through and it appear that there will be a full jury without the persons so challenged.” The practice was inherited by us, and has been repeatedly recognized by the courts. It is precisely the same here as in England, and exists in cases of misdemeanor as well as in felonies. Stand by. To know of a thing being done against one’s right and not to protest until another’s interest has been materially affected. ” Standing by ” does not import actual presence, but knowledge under such circumstances as to render it the duty of the possessor to communicate it. The expression, often used in discussing cases of estoppel, does not mean actual presence or actual participation in the transaction, but silence where there is knowledge and a duty to make a disclosure. See Estoppel, Equitable. Stand by precedents. See Dectsum, Stare, etc. Stand committed. To be committed. Stand mute. See Mute.

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Notes and References

  1. Concept of Stand provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

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