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Advisory Jury
An advisory jury is a group installed by a judge to give him or her an opinion during a trial. Unlike the normal jury, the advisory jury opinion is non-binding, and the judge remains the "final arbitrator of fact and law". In United States Federal Court, a case may be tried by advisory jury in the case of "an action not triable of right by a jury". When a case in federal district court is tried with an advisory jury the court must find the facts specially and state its conclusions of law separately. History The use of an advisory jury is derived from the practice of the Court of Chancery of referring issues of fact to one of the Common Law Courts of Westminster be tried by a jury as a ''feigned issue''. The ''feigned issue'' was to inform the conscience of the court, and could be disregarded by the Chancellor. The ''feigned issue'' was a legal fiction by stating that a wager contract was laid between two parties interested in respectively maintaining the affirmative and the neg ... [...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] |
Westminster Hall
The Palace of Westminster serves as the meeting place for both the House of Commons of the United Kingdom, House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parliament, the Palace lies on the north bank of the River Thames in the City of Westminster, in central London, England. Its name, which derives from the neighbouring Westminster Abbey, may refer to several historic structures but most often: the ''Old Palace'', a England in the Middle Ages, medieval building-complex largely Burning of Parliament, destroyed by fire in 1834, or its replacement, the ''New Palace'' that stands today. The palace is owned by the Crown. Committees appointed by both houses manage the building and report to the Speaker of the House of Commons (United Kingdom), Speaker of the House of Commons and to the Lord Speaker. The first royal palace constructed on the site dated from the 11th century, and Westminster beca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Legal Terminology
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rule Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts, although 35 of the 50 states have adopted rules that are based on the FRCP. History The Rules, established in 1938, replaced the earlier procedures und ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court
The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district court has at least one courthouse, and many districts have more than one. District courts' decisions are appealed to the United States courts of appeals, U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the United States Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Federal Circuit or directly to the Supreme Court of the United States, U.S. Supreme Court. District courts are courts of common law, law, Court of equity, equity, and Admiralty court, admiralty, and can hear both Civil law (common law), civil and Criminal law, criminal cases. But unlike U.S. state courts, federal dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Equity Rules
The Federal Equity Rules were court rules that, until 1938, governed civil procedure in suits of equity in federal courts. The Rules were established by the United States Supreme Court which was authorized by the United States Congress to make rules governing the form of mesne process, form and mode of proceeding in suits of equity and the power to proscribe form of process, mode of framing and filing of proceedings or pleading and generally regulate the whole process of suits in equity Sets of rules were promulgated in 1822, 1842 (amended in 1850, 1854, 1861, 1864, 1869, 1871, 1875, 1879, 1882, 1890, 1892, 1893 and 1894), and in 1912 (amended in 1924, 1930 and 1932). The 1912 Rules were superseded in 1938 by the Federal Rules of Civil Procedure which were largely based on the 1912 Rules.How Equity Conquered the Common Law: The Federal Rules of Civil Procedure, Stephen N. Subrin, ''University of Pennsylvania Law Review'' Vol.135 No. 4 (April 1987) pp.909-1002 References ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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