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Discovery (law)
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties by means of methods of discovery such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Elizabeth I
Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". Elizabeth was the daughter of Henry VIII and Anne Boleyn, his second wife, who was executed when Elizabeth was two years old. Anne's marriage to Henry was annulled, and Elizabeth was for a time declared illegitimate. Her half-brother Edward VI ruled until his death in 1553, bequeathing the crown to Lady Jane Grey and ignoring the claims of his two half-sisters, the Catholic Mary and the younger Elizabeth, in spite of statute law to the contrary. Edward's will was set aside and Mary became queen, deposing Lady Jane Grey. During Mary's reign, Elizabeth was imprisoned for nearly a year on suspicion of supporting Protestant rebels. Upon her half-sister's death in 1558, Elizabeth succeeded to the throne and set out to rule by good counsel. She ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cornell Law Review
The ''Cornell Law Review'' is the flagship legal journal of Cornell Law School. Originally published in 1915 as the ''Cornell Law Quarterly'', the journal features scholarship in all fields of law. Notably, past issues of the ''Cornell Law Review'' have included articles by Supreme Court justices Robert H. Jackson, John Marshall Harlan II, William O. Douglas, Felix Frankfurter, and Ruth Bader Ginsburg. History Cornell Law School first published a law review in June 1894—the first and only issue of the ''Cornell Law Journal''—and again published a law review (the ''New York Law Review'') from January to July 1895. Following these initial efforts, the ''Cornell Law Review'' began its continuous publication in 1915. Until 1966, the ''Cornell Law Review'' published four issues annually and was known as the ''Cornell Law Quarterly''. Six Student Editors were joined by one Faculty Editor, a Business Manager, and an Assistant Business Manager. In the first issue of ''Cornell Law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ecclesiastical Court
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than before the development of nation states. They were experts in interpreting canon law, a basis of which was the ''Corpus Juris Civilis'' of Justinian, which is considered the source of the civil law legal tradition. Catholic Church The tribunals of the Catholic Church are governed by the 1983 Code of Canon Law in the case of the Western Church (Latin Church), and the Code of Canons of the Eastern Churches in the case of the Eastern Catholic Churches (Byzantine, Ukrainian, Maronite, Melkite, etc.). Both systems of canon law underwent general revisions in the late 20th century, resulting in the new code for the Latin Church in 1983, and the compilation for the first time of the Eastern Code in 1990. First instance Cases normally originate in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adversarial System
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems (i.e. those deriving from Roman law or the Napoleonic code) where a judge investigates the case. The adversarial system is the two-sided structure under which criminal trial courts operate, putting the prosecution against the defense. Basic features As an accused is not compelled to give evidence in a criminal adversarial proceeding, they may not be questioned by a prosecutor or judge unless they choose to be; however, should they decide to testify, they are subject to cross-examination and could be found guilty of perjury. As the election to maintain an accused person's right to silence prevents any examination ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inquisitorial System
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia (except Hong Kong), Indochina, Thailand, the Philippines, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors or infractions, such as minor traf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922. The lord chancellor is a member of the Cabinet and is, by law, responsible for the efficient functioning and independence of the courts. In 2005, there were a number of changes to the legal system and to the office of the lord chancellor. Formerly, the lord chancellor was also the presiding officer of the House of Lords, the head of the judiciary of England and Wales and the presiding judge of the Chancery Division of the High Court of Justic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in Ireland, England, Scotland, Australia, Canada, South Africa, India, Hong Kong, and Pakistan). Redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses (may vary by jurisdiction). Variations by jurisdiction In the United States federal Courts, a cross-examining ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Whittlesey
Whittlesey (also Whittlesea) is a market town and civil parish in the Fenland district of Cambridgeshire, England. Whittlesey is east of Peterborough. The population of the parish was 16,058 at the 2011 Census. History and architecture Whittlesey appears in the ''Cartularium Saxonicum'' (973 CE) as 'Witlesig', in the 1086 ''Domesday Book'' as 'Witesie', and in the ''Inquisitio Eliensis''. The meaning is "Wit(t)el's island", deriving from either Witil, "the name of a moneyer", or a diminutive of Witta, a personal name; + "eg", meaning "'island', also used of a piece of firm land in a fen." Before the fens were drained, Whittlesey was an island of dry ground surrounded by them. Excavations of nearby Flag Fen indicate thriving local settlements as far back as 1000 BCE. At Must Farm quarry, a Bronze Age settlement is described as "Britain's Pompeii" due to its relatively good condition. In 2016 it was being excavated by the University of Cambridge's Cambridge Archaeological ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Narrative
A narrative, story, or tale is any account of a series of related events or experiences, whether nonfictional (memoir, biography, news report, documentary, travel literature, travelogue, etc.) or fictional (fairy tale, fable, legend, thriller (genre), thriller, novel, etc.). Narratives can be presented through a sequence of written or spoken words, through still or moving images, or through any combination of these. The word derives from the Latin verb ''narrare'' (to tell), which is derived from the adjective ''gnarus'' (knowing or skilled). Narration (i.e., the process of presenting a narrative) is a rhetorical modes, rhetorical mode of discourse, broadly defined (and paralleling argumentation, description, and exposition (narrative), exposition), is one of four rhetorical modes of discourse. More narrowly defined, it is the fiction-writing mode in which a narrator communicates directly to an audience. The school of literary criticism known as Russian formalism has applied metho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dedimus Potestatem
In law, ''dedimus potestatem'' (Latin for "we have given the power") is a writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ... whereby commission is given to one or more private persons for the expedition of some act normally performed by a judge. It is also called delegatio. It is granted most commonly upon the suggestion that a party, who is to do something before a judge or in a court, is too weak to travel. The grant has various uses, such as to take a personal answer to a bill in chancery, to examine witnesses, levy a fine, etc. References * * Writs Legal documents with Latin names {{English-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landed Gentry
The landed gentry, or the ''gentry'', is a largely historical British social class of landowners who could live entirely from rental income, or at least had a country estate. While distinct from, and socially below, the British peerage, their economic base in land was often similar, and some of the landed gentry were wealthier than some peers. Many gentry were close relatives of peers, and it was not uncommon for gentry to marry into peerage. It is the British element of the wider European class of gentry. With or without noble title, owning rural land estates often brought with it the legal rights of lord of the manor, and the less formal name or title of ''squire'', in Scotland laird. Generally lands passed by primogeniture, and the inheritances of daughters and younger sons were in cash or stocks, and relatively small. Typically the gentry farmed some of their land, as well as exploiting timber, minerals such as coal, and owning mills and other sources of income, but ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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