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Inherent Jurisdiction
Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal. The term is also used when a governmental institution derives its jurisdiction from a fundamental governing instrument such as a constitution. In the English case of ''Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd'', Lord Diplock described the court's inherent jurisdiction as a general power to control its own procedure so as to prevent its being used to achieve injustice. Inherent jurisdiction appears to apply to an almost limitless set of circumstances. There are four general categories for use of the court's inherent jurisdiction:{{cn, date=May 2022 #to ensure convenience and fairness in legal proceedings; #to prevent steps being taken that would render judicial proceedings inefficacio ...
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England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Engli ...
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Rules Of Civil Procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function. Differences between civil and criminal procedure In most cases, criminal prosecutions are pursued by the state in order to punish offenders, although some systems, such as in English and French law, allow private citizens to bring a private prosecution. Conversely, civil actions are initiated by private individuals, companies or organizations, for their own benef ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Courts Of England And Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales. The United Kingdom does not have a single unified legal system—England and Wales has one system, Scotland another, and Northern Ireland a third. There are exceptions to this rule; for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of employment tribunals for England, Wales, and Scotland but not Northern Ireland. Additionally, the Military Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to offences against military law. The Court of Appeal, the High Court, the Crown Court, the County Court, and the magistrates' courts are administered by His Majesty's Courts and Tribunals Service, an executive ...
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Court System Of Canada
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial. The Constitution of Canada gives the federal government the exclusive right to legislate criminal law, while the provinces have exclusive control over much of civil law. The provinces have jurisdiction over the Administration of Justice in their territory. Almost all cases, whether criminal or civil, are heard in provincially or territorially established courts. The quite small system of federal courts only hears cases concerned with matters which are under exclusive federal control, such as federal taxation, federal administrative agencies, intellectual property, some portions of competition law and certain aspects of national security. The federal courts also have jurisd ...
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Lieutenant Governor Of Nova Scotia
The lieutenant governor of Nova Scotia () is the viceregal representative in Nova Scotia of the , who operates distinctly within the province but is also shared equally with the ten other jurisdictions of Canada, as well as the other Commonwealth realms and any subdivisions thereof, and resides predominantly in oldest realm, the United Kingdom. The lieutenant governor of Nova Scotia is appointed in the same manner as the other provincial viceroys in Canada and is similarly tasked with carrying out most of the monarch's constitutional and ceremonial duties. The present, and 33rd lieutenant governor of Nova Scotia is Arthur Joseph LeBlanc, who has served in the role since 28 June 2017. Role and presence The lieutenant governor of Nova Scotia is vested with a number of governmental duties and is also expected to undertake various ceremonial roles. For instance, the lieutenant governor acts as patron, honorary president, or an honorary member of certain Nova Scotia institutions, ...
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Attorney General Of Nova Scotia
The Executive Council of Nova Scotia (informally and more commonly, the Cabinet of Nova Scotia) is the cabinet of the Canadian province of Nova Scotia. Almost always made up of members of the Nova Scotia House of Assembly, the Cabinet is similar in structure and role to the Canadian Cabinet while being smaller in size with different portfolios. The Lieutenant Governor of Nova Scotia, as representative of the King in Right of Nova Scotia, heads the council, and is referred to as the Governor-in-Council. Other members of the Cabinet, who advise, or minister, the viceroy, are selected by the Premier of Nova Scotia and appointed by the Lieutenant-Governor. Most cabinet ministers are the head of a ministry, but this is not always the case. Current Cabinet The current ministry has been in place since August 31, 2021, when Premier Tim Houston established his cabinet. See also * Westminster system * Executive Council (Commonwealth countries) *Nova Scotia House of Assembly * ...
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Judicature Act
Judicature Act is a term which was used in the United Kingdom for legislation which related to the Supreme Court of Judicature. List United Kingdom :The Supreme Court of Judicature Act 1873 (36 & 37 Vict. c.66) :The Supreme Court of Judicature Act 1875 (38 & 39 Vict. c.77) :The Appellate Jurisdiction Act 1876 (39 & 40 Vict. c.59) :The Supreme Court of Judicature Act 1877 (40 & 41 Vict. c.9) :The Supreme Court of Judicature (Officers) Act 1879 (42 & 43 Vict. c.78) :The Supreme Court of Judicature Act 1881 (44 & 45 Vict. c.68) :The Supreme Court of Judicature Act 1884 (47 & 48 Vict. c.61) :The Appellate Jurisdiction Act 1887 (50 & 51 Vict. c.70) :The Supreme Court of Judicature Act 1890 (53 & 54 Vict. c.44) :The Supreme Court of Judicature (London Clauses) Act 1891 (54 & 55 Vict. c.14) :The Supreme Court of Judicature Act 1891 (54 & 55 Vict. c.53) :The Supreme Court of Judicature (Procedure) Act 1894 (57 & 58 Vict. c.16) The Judicature Acts The Judicature Acts 1873 to 1894 means th ...
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Nova Scotia Court Of Appeal
The Court of Appeal for Nova Scotia (Nova Scotia Court of Appeal or NSCA) is the highest appeal court in the province of Nova Scotia, Canada. There are currently 8 judicial seats including one assigned to the Chief Justice of Nova Scotia. At any given time there may be one or more additional justices who sit as supernumerary justices. The court sits in Halifax, which is the capital of Nova Scotia. Cases are heard by a panel of three judges. They publish approximately 80 cases each year. History The Court of Appeal was established on 30 January 1993. From 1966 to 1993, appeals pursuant to Supreme Court cases were heard by the Appellate Division of the Supreme Court and, prior to 1966, by a panel of Supreme Court judges sitting ''en banc''. The Chief Justice of the Court of Appeal is the Chief Justice of Nova Scotia. Prior to the establishment of the Court of Appeal, the Chief Justice was the Chief Justice of the Appeal Division (1966–1993) and, before 1966, of the Supreme Court. ...
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Supreme Court Of Nova Scotia
The Nova Scotia Supreme Court is a superior court in the province of Nova Scotia. The Supreme Court consists of 25 judicial seats including the position of Chief Justice and Associate Chief Justice. At any given time there may be one or more additional justices who sit as supernumerary justices. The justices sit in 18 different locations around the province. Jurisdiction As with all superior courts across the country, the court is said to have inherent jurisdiction. It hears civil and criminal trials. The criminal trials can be judge alone or judge and jury. The court will also hear appeals from the provincial court, small claims court, Family court, and various provincial tribunals. Appeals of Supreme Court decisions are then made to the Nova Scotia Court of Appeal. History While the first court administering the Common Law was established in Annapolis Royal in 1721, the creation of a Supreme Court took place on October 21, 1754, several years before the Province was grante ...
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Nova Scotia
Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native English-speakers, and the province's population is 969,383 according to the 2021 Census. It is the most populous of Canada's Atlantic provinces. It is the country's second-most densely populated province and second-smallest province by area, both after Prince Edward Island. Its area of includes Cape Breton Island and 3,800 other coastal islands. The Nova Scotia peninsula is connected to the rest of North America by the Isthmus of Chignecto, on which the province's land border with New Brunswick is located. The province borders the Bay of Fundy and Gulf of Maine to the west and the Atlantic Ocean to the south and east, and is separated from Prince Edward Island and the island of Newfoundland by the Northumberland and Cabot straits, ...
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Lieutenant Governor Of Ontario
The lieutenant governor of Ontario (, in French: ''Lieutenant-gouverneur'' (if male) or ''Lieutenante-gouverneure'' (if female) ''de l'Ontario'') is the viceregal representative in Ontario of the , who operates distinctly within the province but is also shared equally with the ten other jurisdictions of Canada, as well as the other Commonwealth realm A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonwealt ...s and any subdivisions thereof, and resides predominantly in oldest realm, the United Kingdom. The lieutenant governor of Ontario is appointed in the same manner as Lieutenant governor (Canada), the other provincial viceroys in Canada and is similarly tasked with carrying out most of the monarch's constitutional and ceremonial duties. The current Lieutenant Governor of Ontario is Eli ...
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