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Seriatim
In law, ''seriatim'' (Latin for "in series") indicates that a court is addressing multiple issues in a certain order, such as the order in which the issues were originally presented to the court. Legal usage A seriatim opinion is an opinion delivered by a court with multiple judges, in which each judge reads his or her own opinion rather than a single judge writing an opinion on behalf of the entire court. Traditionally, judges read in order of reverse seniority, with the most junior judge speaking first. In the United States, this practice was discontinued in favour of majority opinions contra the British tradition of separate opinions. In the United Kingdom Most frequently used in modern times (when used at all) pleadings as a shorthand for "one by one in sequence". For example, in English civil cases, defence statements generally used to conclude with the phrase "save as expressly admitted herein, each allegation of the plaintiffs is denied as if set out in full and trav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Johnson (judge)
William Johnson Jr. (December 27, 1771 – August 4, 1834) was an American attorney, state legislator, and jurist who served as an Associate Justice of the Supreme Court of the United States from 1804 until his death in 1834. When he was 32 years old, Johnson was appointed to the Supreme Court by President Thomas Jefferson. He was the first Jeffersonian Republican member of the Court as well as the second Justice from the state of South Carolina. During his tenure, Johnson restored the act of delivering seriatim opinions. He wrote about half of the dissents during the Marshall Court, leading historians to nickname him the "first dissenter". Johnson wrote the majority opinion for two major cases (including '' United States v. Hudson'') and hundreds of majority opinions in minor admiralty, land, and insurance cases. He supported a strong federal government in economic matters, leading him to join the majority in cases such as '' McCulloch v. Maryland'', ''Gibbons v. Ogden'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Case
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party in a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statement Of Case
A statement of case is any of a number of formal documents used in the courts of England and Wales. The Claim Form, Particulars of Claim, Defence and Reply are all statements of case. See also * 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 kin ... References External linksPart 2 of the Civil Procedure Rules * English law Legal documents English civil law [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Procedure Rules
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 whe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plain Language Movement
Plain language is writing designed to ensure the reader understands as quickly, easily, and completely as possible. Plain language strives to be easy to read, understand, and use. It avoids verbose, convoluted language and jargon. In many countries, laws mandate that public agencies use plain language to increase access to programs and services. The United Nations Convention on the Rights of Persons with Disabilities includes plain language in its definition of ''communication''. Definition Most literacy and communications scholars agree that plain language means: * "Clear and effective communication" (Joseph Kimble) * "The idiomatic and grammatical use of language that most effectively presents ideas to the reader" (Bryan Garner) * "Clear, straightforward expression, using only as many words as are necessary. It is language that avoids obscurity, inflated vocabulary and convoluted construction. It is not baby talk, nor is it a simplified version of ... language." (Dr Robert Eagl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plain English
Plain English (or layman's terms) are groups of words that are to be clear and easy to know. It usually avoids the use of rare words and uncommon euphemisms to explain the subject. Plain English wording is intended to be suitable for almost anyone, and it allows for good understanding to help readers know a topic. Etymology The term derives from the 16th-century idiom "in plain English", meaning "in clear, straightforward language". Another name for the term, layman's terms, is derived from the idiom " in layman's terms" which refers to language phrased simply enough that a layperson, or common person without expertise on the subject, can understand. History United Kingdom In 1946, writer George Orwell wrote an essay entitled, "Politics and the English Language", where he criticized the dangers of "ugly and inaccurate" contemporary written English. The essay focuses particularly on politics where ''pacification'' can be used to mean "...defenceless villages are bombarded from the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marshall Court
The Marshall Court refers to the Supreme Court of the United States from 1801 to 1835, when John Marshall served as the fourth Chief Justice of the United States. Marshall served as Chief Justice until his death, at which point Roger Taney took office. The Marshall Court played a major role in increasing the power of the judicial branch, as well as the power of the national government. Membership The Marshall Court began in 1801, when President John Adams appointed Secretary of State John Marshall to replace the retiring Oliver Ellsworth. Marshall was nominated after former Chief Justice John Jay refused the position; many in Adams's party advocated the elevation of Associate Justice William Paterson, but Adams refused to nominate someone close to his intra-party rival, Alexander Hamilton. The Marshall Court began with Marshall and five Associate Justices from the Ellsworth Court: William Cushing, William Paterson, Samuel Chase, Bushrod Washington, and Alfred Moore. Pres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
