|
Adjournment ''sine die'' (from the Latin "without day") means "without assigning a day for a further meeting or hearing".〔(Sine Die ) West's Encyclopedia of American Law, Retrieved July 18, 2009〕 To adjourn an assembly ''sine die'' is to adjourn it for an indefinite period. A legislative body adjourns ''sine die'' when it adjourns without appointing a day on which to appear or assemble again.〔(Sine die ) Webster's New World College Dictionary, Retrieved July 18th, 2009〕 It can be used in reference to United States legislatures whose terms or mandates are coming to an end, and it is anticipated that this particular body will not meet again in its present session, form, or membership.〔(Sine Die Adjournment ) C-SPAN Congressional Glossary, Retrieved May 16, 2011〕 A legislative body adjourned in this way may be called back into special session, a reason why ''sine die'' adjournment rather than dissolution may be preferred in some cases. A corporate board might adjourn ''sine die'' if the corporation were being sold, merged, or liquidated. A court may also adjourn a matter ''sine die'', which means the matter is stayed permanently. This may be due to various reasons. For example, if the case is started with a wrong procedure chosen, the judge may adjourn the matter ''sine die'', so that the party may choose to start the action again with the correct procedure.〔(Sine Die ) The 'Lectric Law Library's Lexicon, Retrieved July 18, 2009〕 It may also be thus adjourned if there is no possibility of proceeding in the foreseeable future—for example, an action may be adjourned ''sine die'' if the defendant is in prison and there is no prospect of continuing the action at that time. In a ''sine die'' adjournment of this type, the hearing stands open indefinitely, and could theoretically be resumed if the situation changed.〔(Glossary - Latin Terms: Sine Die ) Her Majesty's Courts and Tribunals Service, Retrieved May 16, 2011〕 ==United States usage== Adjournment ''sine die''—as in "The One Hundred Tenth Congress of the United States closed its second session today by adjourning ''sine die''"—is an adjournment until the next session of Congress, there usually being at least two sessions〔Various United States Congresses have held a third session, though not since 1940〕 to each numbered Congress—e.g., the 110th Congress met in 2007 (first session) and in 2008 (second session). The next numbered Congress would have a different membership: Some members would not be running for election again, while others might not win reelection. ''Sine die'' adjournments in the Congress typically do not have a date certain, but rather are determined by the Speaker of the House and Majority Leader of the Senate at a later time.〔(''Adjournment sine die'' ) US Senate Glossary, Retrieved July 18, 2009〕 James Madison ended his long chronicle of the Philadelphia Convention with the following, "The Constitution being signed by all the members present except Mr. Randolph, Mr. Mason, and Mr. Gerry, who declined giving it the sanction of their names, the Convention dissolved itself by an adjournment ''sine die''." The final entry in the ''Journal of the Congress of the Confederate States of America'' reads: "The hour of 2 o'clock having arrived, / The Speaker announced that the House stood adjourned ''sine die''." (7 J. Cong. C.S.A. 796, Mar. 18, 1865) The term is also used in state legislatures. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「adjournment sine die」の詳細全文を読む スポンサード リンク
|