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Calendar Of Case
Brought to trial generally refers to scheduling a legal case for a hearing, or to bring a defendant to court. However, it has several different, ambiguous meanings and examples used in the law. To bring to trial may refer to bringing a defendant to court when the process is ongoing. Political, war, and other infamous crimes Most often, the terms brought to trial, bring to trial, brought to justice and bring to justice refer to the prosecution at trial of alleged war criminals and political prisoners, as well as those accused of treason or misprision of treason, sexual assault, and other infamous crimes. Speedy trial In some cases, the context of the term actually indicates a speedy trial issue, as guaranteed by the Sixth Amendment to the United States Constitution. Related terms A number of related terms and meanings exist: * "Arraign, litigate, lodge, bring a complaint, bring to view evidence, exhibit, manifest and bring together, ndaccumulate." * "Lawsuit, suit, suit in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee. Description A hearing is generally distinguished from a trial in that it is usually shorter and often less formal. In the course of litigation, hearings are conducted as oral arguments in support of motions, whether to resolve the case without further trial on a motion to dismiss or for summary judgment, or to decide discrete issues of law, such as the admissibility of evidence, that will determine how the trial proceeds. Limited evidence and testimony may also be presented in hearings to supplement the legal arguments. Types Terminology varies from country to country, and there are different types of hearings under different legal systems. A preliminary hearing (also known as evidentiary hearing, probable cause hearing, and other variant terms) is a proceeding, after a criminal complaint has been filed by the prosecutor, to deter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In ''Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It has additionally held that the requirement of a pu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 (c. 43) is an Act of the Parliament of the United Kingdom. It is a consolidation Act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the procedures applicable in the magistrates' courts of England and Wales and largely replaces the Magistrates' Courts Act 1952. Part I of the Act sets out provisions in relation to the courts' criminal jurisdiction, and Part II in relation to civil proceedings. Section 1 of the Act empowers a justice of the peace to issue a summons or arrest warrant alleging the commission of a crime against an identifiable person. Section 127 of the Act establishes a six-month limitation period for summary (but not indictable) offences. See also *Magistrates' Courts Act Magistrates' Courts Act (with its variations) is a stock short title used for legislation in the United Kingdom relating to magistrates' courts. The Bill for an Act with this short tit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and documents," Acts of the Scottish Parliament and instruments made thereunder (added 1998), and Measures and Acts of the National Assembly for Wales and instruments made thereunder. The Act makes provision in relation to: the construction of certain words and phrases, words of enactment, amendment or repeal of Acts in the Session they were passed, judicial notice, commencement, statutory powers and duties, the effect of repeals, and duplicated offences. The Act repealed the whole of the Interpretation Act 1889, except for sections 13(4) and 13(5) and 13(14) in their application to Northern Ireland. The Interpretation Act (Northern Ireland) 1954 applies in the same way to Acts of the Par ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alternate Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Settlement Conference
A settlement or pre-trial conference is a meeting between opposing sides of a lawsuit at which the parties attempt to reach a mutually agreeable resolution of their dispute without having to proceed to a trial. Such a conference may be initiated through either party, usually by the conveyance of a settlement offer; or it may be ordered by the court as a precedent (preliminary step) to holding a trial. Each party, the plaintiff and the defendant, is usually represented at the ''settlement conference'' by their own counsel or attorney. Conferences are frequently conducted by a judge or other neutral party, in the form of a mediation. Case conference In many courts in the common law system, a case conference may be used to settle a case. In some courts, the rules require that before certain types of motions or petitions will be heard by the judge, the lawyers must "meet and confer" to try to resolve the matter. Foreclosure Pre-foreclosure Settlement Conferences On December 1, 2008, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mediation
Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do..."). Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speedy Trial
In criminal law, the right to a speedy trial is a human right under which it is asserted that a government prosecutor may not delay the trial of a criminal suspect arbitrarily and indefinitely. Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial. Although it is important for the protection of speedy trial rights for there to be a court in which a defendant may complain about the unreasonable delay of the trial, it is also important that nations implement structures that avoid the delay. Recognition of speedy trial rights In jurisdictions with strong rule of law, the requirement of a "speedy trial" forces prosecutors to diligently build cases within a reasonable amount of time commensurate with the complexity and heinousness of the crimes of which suspects are accused. The right is based on the notion that long-term incarceration should normally be restricted to situations in which a ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offences and less serious crimes as summary offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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