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Jury Trial
A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law (legal system), civil law countries for criminal cases. Only Seventh Amendment to the United States Constitution, the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malici ...
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The Jury By John Morgan
''The'' () is a grammatical Article (grammar), article in English language, English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the Most common words in English, most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with pronouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant s ...
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Oresteia
The ''Oresteia'' ( grc, Ὀρέστεια) is a trilogy of Greek tragedies written by Aeschylus in the 5th century BCE, concerning the murder of Agamemnon by Clytemnestra, the murder of Clytemnestra by Orestes, the trial of Orestes, the end of the curse on the House of Atreus and the pacification of the Erinyes. The trilogy—consisting of ''Agamemnon'' (), '' The Libation Bearers'' (), and ''The Eumenides'' ()—also shows how the Greek gods interacted with the characters and influenced their decisions pertaining to events and disputes. The only extant example of an ancient Greek theatre trilogy, the ''Oresteia'' won first prize at the Dionysia festival in 458 BCE. The principal themes of the trilogy include the contrast between revenge and justice, as well as the transition from personal vendetta to organized litigation. ''Oresteia'' originally included a satyr play, ''Proteus'' (), following the tragic trilogy, but all except a single line of ''Proteus'' has been lost. ''Agame ...
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Maliki
The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary sources. Unlike other Islamic fiqhs, Maliki fiqh also considers the consensus of the people of Medina to be a valid source of Islamic law. The Maliki school is one of the largest groups of Sunni Muslims, comparable to the Shafi`i madhhab in adherents, but smaller than the Hanafi madhhab. Sharia based on Maliki doctrine is predominantly found in North Africa (excluding northern and eastern Egypt), West Africa, Chad, Sudan, Kuwait, Bahrain, Qatar, the Emirate of Dubai (UAE), and in northeastern parts of Saudi Arabia.Jurisprudence and Law – Islam
Reorienting the Veil, University of North Car ...
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Qadi
A qāḍī ( ar, قاضي, Qāḍī; otherwise transliterated as qazi, cadi, kadi, or kazi) is the magistrate or judge of a '' sharīʿa'' court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and minors, and supervision and auditing of public works. History The term ''qāḍī'' was in use from the time of Muhammad during the early history of Islam, and remained the term used for judges throughout Islamic history and the period of the caliphates. While the '' muftī'' and '' fuqaha'' played the role in elucidation of the principles of Islamic jurisprudence (''Uṣūl al-Fiqh'') and the Islamic law (''sharīʿa''), the ''qāḍī'' remained the key person ensuring the establishment of justice on the basis of these very laws and rules. Thus, the ''qāḍī'' was chosen from amongst those who had mastered the sciences of jurisprudence and law. The Abbasid caliphs created the office of "chief ''qāḍī''" (''qāḍī al-quḍāh''), who ...
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Notarized
A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary, while a legal professional, is distinct from an advocate in that they do not represent the person who engages their services, or act in contentious matters. The Worshipful Company of Scriveners use an old English term for a notary, and are an association of notaries practising in central London since 1373. Overview Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly. Loan documents including deeds, affidavits, contracts, and powers of attorney are very common documents needing notarization. Code of Hammurabi Law 122 (c. 1755–1750 BCE) stipulated that a depositor of gold, silver, or other ...
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Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations (''Tabi'un'' and ''Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interp ...
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Trial By Combat
Trial by combat (also wager of battle, trial by battle or judicial duel) was a method of Germanic law to settle accusations in the absence of witnesses or a confession in which two parties in dispute fought in single combat; the winner of the fight was proclaimed to be right. In essence, it was a judicially sanctioned duel. It remained in use throughout the European Middle Ages, gradually disappearing in the course of the 16th century. History Origins Unlike trial by ordeal in general, which is known to many cultures worldwide, trial by combat is known primarily from the customs of the Germanic peoples. The practice was "almost universal in Europe" according to medievalist Eric Jager. It was in use among the ancient Burgundians, Ripuarian Franks, Alamans, Lombards, and Swedes. It was unknown in Anglo-Saxon law and Roman law and it does not figure in the traditions of Middle Eastern antiquity such as the code of Hammurabi or the Torah. However, it is recorded in the me ...
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Praetor
Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge various duties. The functions of the magistracy, the ''praetura'' (praetorship), are described by the adjective: the ''praetoria potestas'' (praetorian power), the ''praetorium imperium'' (praetorian authority), and the ''praetorium ius'' (praetorian law), the legal precedents established by the ''praetores'' (praetors). ''Praetorium'', as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his '' castra'', the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship. History of the title The status of the ''praetor'' in the early republic is unclear. The traditional account from Livy claims that the praetorship was created by the Sextian-Licinian Rogatio ...
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Hung Jury
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. This situation can occur only in common law legal systems, because civil law systems either do not use juries at all or provide that the defendant is immediately acquitted if the majority or supermajority required for conviction is not reached during a single, solemn vote. Australia Majority (or supermajority verdicts) are in force in South Australia, Tasmania, Western Australia, the Northern Territory, Victoria, New South Wales, and Queensland. Australian Capital Territory and Commonwealth courts require unanimous verdicts in criminal (but not civil) trials. Canada In Canada, the jury must reach a unanimous decision on criminal cases. If the jury cannot reach a unanimous decision, a hung jury is declared. A new panel of jurors will b ...
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Clytemnestra
Clytemnestra (; grc-gre, Κλυταιμνήστρα, ''Klytaimnḗstrā'', ), in Greek mythology, was the wife of Agamemnon, king of Mycenae, and the twin sister of Helen of Troy. In Aeschylus' ''Oresteia'', she murders Agamemnon – said by Euripides to be her second husband – and the Trojan princess Cassandra, whom Agamemnon had taken as a war prize following the sack of Troy; however, in Homer's ''Odyssey'', her role in Agamemnon's death is unclear and her character is significantly more subdued. Name Her Greek name ''Klytaimnḗstra'' is also sometimes Latinized as Clytaemnestra. It is commonly glossed as "famed for her suitors". However, this form is a later misreading motivated by an erroneous etymological connection to the verb ''mnáomai'' (, "woo, court"). The original name form is believed to have been ''Klytaimḗstra'' () without the ''-n-''. The present form of the name does not appear before the middle Byzantine period. Homeric poetry shows an awareness of bot ...
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Erinyes
The Erinyes ( ; sing. Erinys ; grc, Ἐρινύες, pl. of ), also known as the Furies, and the Eumenides, were female chthonic deities of vengeance in ancient Greek religion and mythology. A formulaic oath in the ''Iliad'' invokes them as "the Erinyes, that under earth take vengeance on men, whosoever hath sworn a false oath". Walter Burkert suggests that they are "an embodiment of the act of self-cursing contained in the oath". They correspond to the Dirae in Roman mythology. The Roman writer Maurus Servius Honoratus wrote (ca. 400 AD) that they are called "Eumenides" in hell, "Furiae" on Earth, and "Dirae" in heaven. Erinyes are akin to some other Greek deities, called Poenai. According to Hesiod's ''Theogony'', when the Titan Cronus castrated his father, Uranus, and threw his genitalia into the sea, the Erinyes (along with the Giants and the Meliae) emerged from the drops of blood which fell on the Earth ( Gaia), while Aphrodite was born from the crests of sea ...
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