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Writ Of Prohibition
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction. Writs of prohibition can be subdivided into "alternative writs" and "peremptory writs". An alternative writ directs the recipient to immediately act, or desist, and "show cause" why the directive should not be made permanent. A peremptory writ directs the recipient to immediately act, or desist, and "return" the writ, with certification of its compliance, within a certain time. When an agency of an official body is the target of the writ of prohibition, the writ is directed to the official body over which the court has direct jurisdiction, ordering the official body to cause the agency to desist. Although the rest of this article speaks to judicial processes, a writ of prohibition may be directed by any court of record (i.e., higher ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Record
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some U.S. states, death penalty statutes provide that all evidence must be preserved for an extended period of time). Most courts of record have rules of procedure (see rules of evidence, rules of civil procedure, and rules of criminal procedure) and therefore they require that most parties be represented by counsel (specifically, attorneys holding a license to practice law before the specific tribunal). In contrast, in courts not of record, oral proceedings are not recorded, and the judge makes his or her decision based on notes and memory. In most "not of record" proceedin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable with incarceration for not more than one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized. Content The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary rules that govern the proceedings. An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi-jurisdictional dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by the j ... [...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] |
Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writs Of Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies that are titled as "tribunals" are described so in order to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many (but not all) cases, the word ''tribunal'' implies a judicial (or quasi-judicial) body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges, nor magistrates. Private judicial bodies are also often styled "trib ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Westminster 1275
The Statute of Westminster of 1275 (3 Edw. I), also known as the Statute of Westminster I, codified the existing law in England, into 51 chapters. Only Chapter 5 (which mandates free elections) is still in force in the United Kingdom, whilst part of Chapter 1 remains in force in New Zealand. It was repealed in Ireland in 1983. William Stubbs gives a summary of the Statute: Though it is a matter of dispute when ' (Law French for "hard and forceful punishment") was first introduced, chapter 3 states that those felons standing mute shall be put in '. History The Statute of Westminster of 1275 was one of two English statutes largely drafted by Robert Burnell and passed during the reign of Edward I. Edward I had returned from the Ninth Crusade on 2 August 1274 and was crowned King of England on 19 August. His first Parliament was summoned for the quinzaine of the Purification on 16 February 1275 but was prorogued until the day after Easter on 22 April 1275, but did not meet until ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Shopping
Forum shopping is a colloquial term for the practice of litigants having their legal case heard in the court thought most likely to provide a favorable judgment. Some jurisdictions have, for example, become known as "plaintiff-friendly" and so have attracted litigation even when there is little or no connection between the legal issues and the jurisdiction in which they are to be litigated. Examples include the attraction of foreign litigants to the United States due to its expansive acceptance of personal jurisdiction and favorable litigation climate, and the United Kingdom for its stricter defamation laws and generous divorce settlements. The term has become adopted in a wider context for the activity of repeatedly seeking a venue or willing listener for a concern, complaint or action, until one is found. Related notions When a case is filed before a court, the court decides whether it has personal and subject matter jurisdiction, and if so, whether it is the most appropri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The American Journal Of Legal History
The ''American Journal of Legal History'' is a peer reviewed, peer edited legal periodical. It has appeared quarterly since 1957. It was the first English-language periodical devoted solely to legal history. Since 2016 it has been published by Oxford University Press. Founding The ''American Journal of Legal History'' was founded by Temple University law library director Erwin C. Surrency. The first issue appeared in February 1957. From its inception until 1982, the ''Journal'' was the official publication of the American Society for Legal History. Purpose According to Professor Surrency, the ''Journal'' was created to provide legal historians with a forum for their work and as a means of advancing the "law through a study of its history." As a peer publication, the ''Journal'' provides authors with "a more experienced editorial hand nd itsarticles often are shorter, filled with less publish-or-perish tenure pieces than with an exchange of ideas between scholars." The ''Jou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minnesota Law Review
The ''Minnesota Law Review'' is a student-run law review published by students at University of Minnesota Law School. The journal is published six times a year in November, December, February, April, May, and June. It was established by Henry J. Fletcher and William Reynolds Vance in 1917. The journal contains articles, essays, features, and book reviews by legal scholars as well as student-written notes. The journal has an online companion called ''Headnotes''. Additionally, the journal maintains a blog called ''De Novo''. In 2021, the journal selected its first Black Editor-in-Chief, Brandie Burris. Noted alumni The ''Minnesota Law Reviews alumni include William C. Canby, Jr., Frank Claybourne, Donald M. Fraser, Orville Freeman, Bill Luther, George MacKinnon, Walter Mondale, Diana E. Murphy, William Prosser, Ernest Gellhorn, Richard Maxwell, John Sargent Pillsbury, Jr., Maynard Pirsig, Daniel D. Polsby, Robert Kingsley, and Harold Stassen. Other alumni include judges Don ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
