Rules Of The Supreme Court (Revision) 1965
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Rules Of The Supreme Court (Revision) 1965
The Rules of the Supreme Court (RSC) were the rules which governed civil procedure in the Supreme Court of Judicature of England and Wales (since 2009 called the Senior Courts) from its formation in 1883 until 1999. The RSC applied to all civil cases in the Supreme Court in England and Wales commenced after the merger of the courts of common law and equity in 1883 by the Judicature Acts until they were superseded by the Civil Procedure Rules (CPR) in 1999 on 26 April 1999. Civil proceedings in the county courts during this period were governed by the separate County Court Rules. The RSC were designed to replace the individual rules of the courts of law and equity which were subsumed into the Supreme Court providing one harmonised set of procedural rules for all civil cases. History The original 1883 Rules Beginning in 1873 the Judicature Acts merged the previously separate English courts of common law and equity into the new Supreme Court of Judicature made up of the Court of Ap ...
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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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Acts Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch. Bills A draft act of parliament is known as a bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this is known as a ...
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1883 In British Law
Events January–March * January 4 – ''Life'' magazine is founded in Los Angeles, California, United States. * January 10 – A fire at the Newhall Hotel in Milwaukee, Wisconsin, United States, kills 73 people. * January 16 – The Pendleton Civil Service Reform Act, establishing the United States civil service, is passed. * January 19 – The first electric lighting system employing overhead wires begins service in Roselle, New Jersey, United States, installed by Thomas Edison. * February – ''The Adventures of Pinocchio'' by Carlo Collodi is first published complete in book form, in Italy. * February 15 – Tokyo Electrical Lightning Grid, predecessor of Tokyo Electrical Power (TEPCO), one of the largest electrical grids in Asia and the world, is founded in Japan. * February 16 – The ''Ladies' Home Journal'' is published for the first time, in the United States. * February 23 – Alabama becomes the first U.S. state to enac ...
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Codes Of Civil Procedure
In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication channel or storage in a storage medium. An early example is an invention of language, which enabled a person, through speech, to communicate what they thought, saw, heard, or felt to others. But speech limits the range of communication to the distance a voice can carry and limits the audience to those present when the speech is uttered. The invention of writing, which converted spoken language into visual symbols, extended the range of communication across space and time. The process of encoding converts information from a source into symbols for communication or storage. Decoding is the reverse process, converting code symbols back into a form that the recipient understands, such as English or/and Spanish. One reason for coding is to en ...
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Civil Jurisdiction And Judgments Act 1982
The Civil Jurisdiction and Judgments Act 1982 (c.27) is an Act of the Parliament of the United Kingdom, which was passed to implement the Brussels Convention of 1968 into British law. As well as governing whether the Courts of England and Wales, Northern Ireland and Scotland have jurisdiction to hear cases against defendants in other contracting states, the Act provided a statutory basis for the division of jurisdiction between the three jurisdictions within the UK. No provision was made in 1982 for division of jurisdiction between the UK and Gibraltar; this was rectified by the Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997 which stated that, for the purposes of the 1982 Act, Gibraltar should be treated as a separate contracting state. A further significant amendment was made to the Act by the Civil Jurisdiction and Judgments Act 1991 which gave Courts power under the Lugano convention, and later by the Civil Jurisdiction and Judgments Order 2001 which gave Cour ...
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Woolf Reforms
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 is the statutory instrument listing the rules. The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. As a consequence of this, many archaic legal terms were replaced with "plain English" equivalents, such as "claimant" for "plaintiff" and "witness summons" for "subpoena". Unlike the previous rules of civil procedure, the CPR commence with a statement of their “overriding objective”, both to aid in the application of specific provisions and to guide behaviour w ...
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Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some official and signed by numerous individuals. A petition may be oral rather than written, or may be transmitted via the Internet. Legal ''Petition'' can also be the title of a legal pleading that initiates a legal case. The initial pleading in a civil lawsuit that seeks only money (damages) might be called (in most U.S. courts) a ''complaint''. An initial pleading in a lawsuit that seeks non-monetary or "equitable" relief, such as a request for a writ of '' mandamus'' or ''habeas corpus'', custody of a child, or probate of a will, is instead called a ''petition''. Act on petition is a "summary process" used in probate, ecclesiastical and divorce cases, designed to handle matters which are too complex for simple motion. The parties in a case exc ...
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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, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ...
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Senior 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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