Review
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
v. To examine a second time; to reconsider or revise; to consider for the purpose of correction. Review, n.: a second consideration; an examination to correct; revision. In a very prominent use of these words they are applied to the action of a higher court or tribunal in re-examining or reconsidering decisions of a lower one. In this use various methods of bringing a cause up to be reviewed are recognized, — appeal, writ of error, rehearing, re-examination by a master, &c. In another sense, review is one head of the jurisdiction of courts of equity; and a bill known as a bill of review may be filed to reverse a decree which, after it has been duly enrolled, a party may find good grounds for having reversed, either from error apparent on the face of it, or from new facts discovered since the decree was made, or at least since publication passed in the cause, and which consequently could not be used when the decree was made. Under the highway laws of some of the states, there is, at the outset of a petition to establish a road, an appointment of a jury of view, who view the proposed line of a highway asked for, and report upon its desirability; and, if their report is not satisfactory, a jury of review is appointed, who investigate the question again, and are called reviewers. A court known as the court of review was established by 1 & 2 Wm. IV. ch. 56, for the adjudicating upon such matters in bankruptcy as before were within the jurisdiction of the lord chancellor. It formed a constituent and most important part of the court of chancery, and exercised a general jurisdiction in bankruptcy, the same as had theretofore been exercised by the lord chancellor; and all such matters to be heard and determined in the court of review were to be subject to an appeal to the lord chancellor on matters of law and equity, or on the refusal or admission of evidence. This court has long ceased to exist, and been superseded by an appeal to the lords justices in chancery, or (in matters of unusual legal importance) to the lord chancellor and lords justices together. Brown. Reviewing taxation. The re-taxing or re-examining an attorney's bill of costs by the master. The courts sometimes order the masters to review their taxation, when, on being applied to for that purpose, it appears that items have been allowed or disallowed on some erroneous principle, or under some mistaken impression. Arch. Pract.