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Statements 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 ki ... References External linksPart 2 of the Civil Procedure Rules
* English law Legal documents English civil law
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England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ...
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Particulars Of Claim
In metaphysics, particulars or individuals are usually contrasted with universals. Universals concern features that can be exemplified by various different particulars. Particulars are often seen as concrete, spatiotemporal entities as opposed to abstract entities, such as properties or numbers. There are, however, theories of ''abstract particulars'' or '' tropes''. For example, Socrates is a particular (there's only one Socrates-the-teacher-of-Plato and one cannot make copies of him, e.g., by cloning him, without introducing new, distinct particulars). Redness, by contrast, is not a particular, because it is abstract and multiply instantiated (for example a bicycle, an apple, and a given woman's hair can all be red). In nominalist view everything is particular. Universals in each moment of time from point of view of an observer is the collection of particulars that participates it (even a void collection). Overview Sybil Wolfram Sybil Wolfram, ''Philosophical Logic'', Routledge, ...
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Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. ...
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Reply (legal Term)
The Reply is a legal document written by a Party specifically replying to a Responsive Declaration and in some cases an Answer. A Reply may be written when a Party or non-moving Party (the Party who is not requesting relief from the court) is asserting a counterclaim or the court has ordered a Reply. A Reply, specifically in California, may be written, filed and served, when a party files a motion or Request for an Order, the non-moving party files a Responsive Declaration, then the moving-party wants to file a legal document specifically 'replying' to the Responsive Declaration. (http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=14.&part=2.&chapter=4.&article=). It is important to keep in mind that "plaintiff" in this context may also refer to an implead Impleader is a United States civil court procedural device before trial in which a defendant joins a third party into a lawsuit because that third party is liable to an original ...
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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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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 ...
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Legal Documents
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement.''Barron's Law Dictionary'', s.v. "instrument". Examples include a certificate, deed, bond, contract, will, legislative act, notarial act, court writ or process, or any law passed by a competent legislative body in municipal (domestic) or international law. Many legal instruments were written ''under seal'' by affixing a wax or paper seal to the document in evidence of its legal execution and authenticity (which often removed the need for consideration in contract law). However, today many jurisdictions have done away with the requirement of documents being under seal in order to give them legal effect. Electronic legal documents With the onset of the Internet and electron ...
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English Civil Law
English civil procedure shares much in common with the civil law systems of other common law countries. The civil courts of England and Wales adopted an overwhelmingly unified body of rules as a result of the Woolf Reforms on 26 April 1999. These are collectively known as the Civil Procedure Rules and in all but some very confined areas replaced the Rules of the Supreme Court (applicable to the High Court of Justice) and the County Court Rules. Court structure The three tracks All defended cases are allocated to one of three tracks: * Small Claims Track: Most claims under £10,000. Note: the normal limit for housing disrepair cases and personal injury claims is £1,000. * Fast Track: Between £10,000 to £25,000 * Multi Track: Claims for over £25,000, or for lesser money sums where the case involves complex points of law and/or evidence. Note- The Jackson Reforms of 2013 altered the upper limit of the small claims track and the lower limit of the fast track, from £5,000 ...
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