1. When a case or action involves matters of account or other intricate details which require minute examination, and for that reason are not fit to be brought before a jury, it is usual to refer the whole case, or some part of it, to the decision of an auditor or referee, and the case is then said to be referred. Taking this word in its strict, technical use, it relates to a mode of determining questions which is distinguished from “arbitration,” in that the latter word imports submission of a controversy without any lawsuit having been brought, while “reference” imports a lawsuit pending, and an issue framed or question raised which (and not the controversy itself) is sent out. Thus, arbitration, is resorted to instead of any judicial proceeding; while reference is one mode of decision employed in the course of a judicial proceeding. And “reference” is distinguished from “hearing or trial,” in that these are the ordinary modes of deciding issues and questions in and by the courts with aid of juries when proper; while reference is an employment of non-judicial persons
What is REFER?
Featuring Black’s Law Dictionary
- Fake News: History, Laws, & Is It Going To Ruin The Election… Again?
- Privacy Laws: Why It Matters, What To Do, & Important FAQs
- Deportation: Human Rights, FAQ, & What To Do
- Flexible Spending Account (FSA): Limits, Expenses & FAQ
- Census 2020: Everything You Need To Know Before You Say No
- What To Expect With An IRA: Traditional, Roth, SEP, & SIMPLE
- Outdated & Weird Laws You Can Still Be Charged With
- 401(K) Types, Loans, Contribution Limits, & Benefits
- Right To Know Law: Everything You Need To Know
- FAQ About The Freedom Of Information Act (FOIA)
- Best Way to Find Someone in Jail for Free
- How Do You Look up License Plate Numbers?
- What Is A Police Welfare Check?
- Best Way to Run a Free Arrest Warrant Check
- Signing a Letter on Someone Else’s Behalf
- Best Way to Write a Professional Letter to a Judge
- How To Find A Name & Address Using A License Plate Number
- How To Find An Inmate’s Release Date
- How to Transfer a Car Title When The Owner Is Deceased
- What Rights Do Convicted Felons Lose?