Judicial System Of Bhutan
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Judicial System Of Bhutan
The judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008. The judicial system comprises the Judicial Commission, the courts, the police, the penal code, and regulations on ''jabmi'' ( attorneys). Judicial system National Judicial Commission The National Judicial Commission was established in 2001 as part of Bhutan's Civil and Criminal Procedure Code. It began as a body appointed by the Druk Gyalpo and chaired by the Chief Justice of Bhutan, also a royal appointee. In 2001, the number of council members was not codified. The Commission was reshaped with the enactment of the Judicial Service Act of 2007. Its membership was codified to include the chairperson of the Legislative Committee of the National Assembly, the Attorney General, the senior most Associate Justice (Drangpon) of the Supreme Court, and the Chief Justice of Bhutan as Chairperson. The Commission advises the Druk Gyal ...
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Royal Court Of Justice
The Bhutanese Royal Court of Justice ( Dzongkha: དཔལ་ལྡན་འབྲུག་པའི་དྲང་ཁྲིམས་ལྷན་སྡེ་; Wylie ''Dpal-ldan 'Brug-pai Drang-khrims Lhan-sde''; Palden Drukpa Drangkhrim Lhende) is the government body which oversees the judicial system of Bhutan. Senior Judges of the courts are appointed by the monarch. Bhutan's legal system is influenced by English common law. The Royal Court of Justice is based in the capital Thimphu. Background The Bhutanese justice system has always suffered from a lack of qualified officers with most of the office-holders being civil servants. Until the passing of the National Judicial Service Act of 2007, Judges were still a part of the Bhutanese civil service. Codification in 2008 constitution In 2008, the Constitution of Bhutan codified the substantive and procedural framework of the Royal Court of Justice. Article 21 of the Constitution establishes a system of royal appointments for th ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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Jigme Singye Wangchuck
Jigme Singye Wangchuck ( dz, འཇིགས་མེད་སེང་གེ་དབང་ཕྱུག་, ; born 11 November 1955) is a member of the House of Wangchuck who was the king of Bhutan (Druk Gyalpo) from 1972 until his abdication in favor of his eldest son, Jigme Khesar Namgyel Wangchuck, in 2006. During his reign, he advocated the use of a Gross National Happiness index to measure the well-being of citizens rather than Gross domestic product. Early life Jigme Singye Wangchuck was born in Dechencholing Palace in Thimphu, Bhutan, on 11 November 1955. to Jigme Dorji Wangchuck and ''Ashi'' Kesang Choden Wangchuck. The political officer of India stationed in Sikkim and the representative of the Sikkimese government came soon after to offer felicitations to the royal parents and to pay their respect to the newborn prince. At the age of four, sometime in 1959, the young Crown Prince received the offerings of good wishes and respects by the public, monks, and offici ...
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Paro, Bhutan
Paro ( dz, སྤ་རོ་) is a town and seat of Paro District, in the Paro Valley of Bhutan. It is a historic town with many sacred sites and historical buildings scattered throughout the area. It is also home to Paro International Airport, Bhutan's sole international airport. Paro International Airport is served by Drukair. Architecture The main street has many examples of traditionally decorated buildings. The Dungtse Lhakhang (a 15th-century temple) and the Ugyen Perli Palace are near the new bridge. Members of royal family lodge in the palace when in Paro. Nearby is the old bridge and the Rinpung Dzong. Notable hotels include the Olathang Hotel built in an ornate style. About outside Paro is the famous Paro Taktsang (Tiger's Nest) Buddhist monastery and hermitage. Some Bhutanese believe that Padmasambhava (Guru Rinpoche) flew on the back of a tigress to this location from Tibet. The trek to Tiger's Nest monastery takes about three hours one way. A scenic view of the t ...
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Bhutan Observer
The ''Bhutan Observer'' was Bhutan's first private bilingual newspaper. It was launched as a private limited company by parent company Bhutan Media Services (BMS), and began publishing on June 2, 2006, in Thimphu. Its Dzongkha edition was called ''Druk Nelug'', and the newspaper maintained an online service in English until 2013. The newspaper employed about 60 people in editorial, commercial, administrative, and managerial departments. The editorial department won several national journalism awards for the best editorial, best Dzongkha issue, best editorial cartoon, and the most valuable story on Gross National Happiness. The former Executive Editor, Sonam Kinga, was one of several relatively young individuals to make an early entry into newly democratic Bhutanese politics in 2007, winning a seat and leadership position in the kingdom's first National Council elections. As Bhutan began developing its private media sector, fledgling media outlets including the ''Bhutan Observe ...
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Bar Association
A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separate the area in which court business is done from the viewing area for the general public. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both. In many Commonwealth jurisdictions, the bar association comprises lawyers who are qualified as barristers or advocates in particular, versus solicitors (see ''bar council''). Membership in bar associations may be mandatory or optional for practicing attorneys, depending on jurisdiction. Etymology The use of the term ''bar'' to mean "the whole body of lawyers, the legal profession" comes ultimately from English custom. In the early 16th century ...
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Parol Evidence
The parol evidence rule is a rule in the Anglo-American common law that governs what kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract. The rule also prevents parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation process, as evidence of a different intent as to the terms of the contract. The rule provides that "extrinsic evidence is inadmissible to vary a written contract". The term "parol" derives from the Anglo-Norman French ''parol'' or ''parole'', meaning "word of mouth" or "verbal", and in medieval times referred to oral pleadings in a court case. The rule's origins lie in English contract law, but has been adopted in other common law jurisdictions; however there are now some differences between application of the rule in different jurisdictions. For instance, in the US, a common ...
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Seal (contract Law)
In the law, a seal affixed to a contract or other legal instrument has had special legal significance at various times in the jurisdictions that recognise it. In the courts of common law jurisdictions, a contract which was sealed ("made under seal") was treated differently from other written contracts (which were "made under hand"), although this practice gradually fell out of favour in most of these jurisdictions in the 19th and early 20th century. The legal term ''seal'' arises from the wax seal used throughout history for authentication (among other purposes). Originally, only a wax seal was accepted as a seal by the courts, but by the 19th century many jurisdictions had relaxed the definition to include an impression in the paper on which the instrument was printed, an embossed paper wafer affixed to an instrument, a ''scroll'' made with a pen, or the printed words "Seal" or "L.S." (standing for the Latin term ''locus sigilli'' meaning "place of the seal"). Notwithstand ...
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Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ...
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Federal Rules Of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules. History The law of evidence governs the proof of facts and the inferences flowing from such facts during the trial of civil and criminal lawsuits. Before the twentieth century, evidence law was largely the product of decisional law. During the twentieth century, projects such as the California Evidence Code and the Uniform Rules of Evidence encouraged the codification of those common law evidence rules. In 1965, Chief Justice Earl Warren appointed an advisory committee of fifteen to draft the new rules. The committee was composed of U.S. lawyers and U.S. legal scholars. The Federal Rules of Evidence began as rules proposed pursuan ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a vi ...
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