The legal term “binds over” is often used in court proceedings and can be confusing for those who are not familiar with its meaning. This term refers to the process of transferring a case from a lower court to a higher court for further proceedings. In this article, we will explore the definition and meaning of binds over, its origin, associations, synonyms, antonyms, and example sentences.
Definitions
Binds over is a legal term that means to transfer a case from a lower court to a higher court. When a case is bound over, it is typically because the lower court does not have the jurisdiction or authority to make a final decision on the case, and it needs to be heard in a higher court.
Origin
The origin of the term binds over is unclear, but it has been used in legal contexts for many years. It is believed to have originated in the English legal system and has since been adopted by other countries, including the United States.
Meaning in different dictionaries
The term binds over is not commonly found in general dictionaries, but it is defined in legal dictionaries. Black’s Law Dictionary defines binds over as “to transfer a case from a lower court to a higher court for further proceedings.” Bouvier’s Law Dictionary defines it as “to send a case from a lower to a higher court, for the purpose of obtaining a decision upon some point of law which has arisen in the former.”
Associations
Binds over is associated with the legal system and court proceedings. It is often used in criminal cases when a defendant is bound over to a higher court for trial. It can also be used in civil cases when a lower court does not have the jurisdiction to hear the case.
Synonyms
Some synonyms of binds over include transfer, refer, send up, and elevate. These terms are often used interchangeably with binds over in legal contexts.
Antonyms
The antonyms of binds over are to dismiss or discharge a case. When a case is dismissed or discharged, it means that the court has decided not to proceed with the case and it is closed.
The same root words
The root words of binds over are “bind” and “over.” Bind means to tie or fasten something together, while over means to transfer or move something from one place to another. Together, these words create the meaning of transferring a case from a lower court to a higher court.
Example Sentences
Here are some example sentences that use the term binds over:
- The judge decided to bind the defendant over to the higher court for trial.
- The case was bound over to the appellate court for further review.
- The lower court did not have the jurisdiction to hear the case, so it was bound over to the higher court.
- The prosecutor requested that the defendant be bound over to the grand jury for indictment.