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Brief (law)
A brief (Old French from Latin ''brevis'', "short") is a written law, legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales (and other Commonwealth of Nations, Commonwealth countries, e.g., Law of Australia, Australia) the phrase refers to the papers given to a barrister when they are instructed. Language :Pre-trial briefs are exchanged between parties at a date set during the pre-trial conference to argue matters under consideration before trial. :Trial briefs are presented at trial to resolve a disputed point of evidence. :Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. :: Merit (legal), Merit briefs (or briefs on the merits) are briefs on the inherent rights and wrongs of a case, absent any emotional or technical biases :: Amicus briefs are briefs filed by persons not directly party to the case. These are often groups that have a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adversarial System
The adversarial system (also adversary system, accusatorial system, or accusatory system) is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law (legal system), civil law systems (i.e. those deriving from Roman law or the Napoleonic code) where a judge investigates the case. The adversarial system is the two-sided structure under which Criminal procedure, criminal trial courts operate, putting the prosecution against the defense. Basic features Adversarial systems are considered to have three basic features. The first is a neutral decision-maker such as a judge or jury. The second is presentation of evidence in support of each party's case, usually by lawyers. The third is a highly structured procedure. The rules of evi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement of one party's claims or defenses in response to another party's complaint(s) in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action. The Civil Procedure Rules (CPR) govern pleading in England and Wales. Federal Rules of Civil Procedure govern pleading in United States federal courts. Each state in the United States has its own statutes and rules that govern pleading in the courts of that state. Examples Under the Federal Rules of Civil Procedure a '' complaint'' is the first pleading in American law filed by a plaintiff which initiates a lawsuit. A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause). In some situations, a complaint is called a ''petition'', i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dutch Language
Dutch ( ) is a West Germanic languages, West Germanic language of the Indo-European language family, spoken by about 25 million people as a first language and 5 million as a second language and is the List of languages by total number of speakers, third most spoken Germanic language. In Europe, Dutch is the native language of most of the population of the Netherlands and Flanders (which includes 60% of the population of Belgium). "1% of the EU population claims to speak Dutch well enough in order to have a conversation." (page 153). Dutch was one of the official languages of South Africa until 1925, when it was replaced by Afrikaans, a separate but partially Mutual intelligibility, mutually intelligible daughter language of Dutch. Afrikaans, depending on the definition used, may be considered a sister language, spoken, to some degree, by at least 16 million people, mainly in South Africa and Namibia, and evolving from Cape Dutch dialects. In South America, Dutch is the native l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example: * in government, typically regulation (or its plural) refers to the delegated legislation which is adopted to enforce primary legislation; including Land-use planning, land-use regulation * in economy: regulatory economics * in finance: financial regulation * in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement; and, * in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis; * in psychology, self-regulation theory is the study of how individuals regulate their thoughts and behaviors to reach goals. Forms Regulation in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Table Of Authorities
A table of authorities is part of a brief (law), legal brief that contains an index of the case (law), cases, Statute, statutes, and secondary sources cited. This article deals specifically with the characteristics of tables of authorities in the United States. The table of authorities, often called a TOA, is frequently a legal requirement for litigation briefs; the various state courts have different rules as to what kinds of briefs require a TOA. The TOA list has the name of the authority followed by the page number or numbers on which each authority appears, and the authorities are commonly listed in alphabetical order within each grouping. The intention is to allow law clerks and judges to easily and rapidly identify and access the legal authorities cited in a litigation brief. A table of authorities is also sometimes called a table of cases or a table of citations. Rules for citing legal authorities The "Bluebook: A Uniform System of Citation" is relied upon in many juris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts Of The United States
The courts of the United States are closely linked hierarchical systems of courts at the federal and state levels. The federal courts form the judicial branch of the U.S. government and operate under the authority of the United States Constitution and federal law. The state and territorial courts of the individual U.S. states and territories operate under the authority of the state and territorial constitutions and state and territorial law. Federal statutes that refer to the "courts of the United States" are referring only to the courts of the federal government, and not the courts of the individual states and counties. Because of the federalist underpinnings of the division between sovereign federal and state governments, the various state court systems are free to operate in ways that vary widely from those of the federal government, and from one another. In practice, however, every state has adopted a division of its judiciary into at least two levels, and almost every s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorneys In The United States
An attorney at law (or counsellor-at-law) in the United States is a practitioner in a court of law who is legally qualified to prosecute and defend actions in court on the retainer of clients. As of January 1, 2024, there were 1,322,649 active lawyers in the United States. In terms of absolute numbers, the American legal profession was the largest in the world as of 2015, and it is thought to be the largest in the world in proportion to domestic population. A 2012 survey conducted by LexisNexis Martindale-Hubbell determined 58 million consumers in the U.S. sought an attorney in the last year and that 76 percent of consumers used the Internet to search for an attorney. The United States legal system does not draw a distinction between lawyers who plead in court and those who do not, unlike some other common law jurisdictions. For example, jurisdictions in the United Kingdom distinguish between solicitors, who do not plead in court, and barristers, who do. Likewise, civil law jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Book Of Common Prayer
The ''Book of Common Prayer'' (BCP) is the title given to a number of related prayer books used in the Anglican Communion and by other Christianity, Christian churches historically related to Anglicanism. The Book of Common Prayer (1549), first prayer book, published in 1549 in the reign of King Edward VI of England, was a product of the English Reformation following the break with Catholic Church, Rome. The 1549 work was the first prayer book to include the complete forms of service for daily and Sunday worship in English. It contains Morning Prayer (Anglican), Morning Prayer, Evening Prayer (Anglican), Evening Prayer, the Litany, Holy Communion, and occasional services in full: the orders for Baptism, Confirmation, Marriage, "Anointing of the Sick, prayers to be said with the sick", and a funeral service. It also sets out in full the "propers" (the parts of the service that vary weekly or daily throughout the Church's Year): the introits, collects, and epistle and gospel rea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Churchwarden
A churchwarden is a lay official in a parish or congregation of the Anglican Communion, Lutheran Churches or Catholic Church, usually working as a part-time volunteer. In the Anglican tradition, holders of these positions are ''ex officio'' members of the parish board, usually called a vestry, parochial church council, or in the case of a Cathedral parish the chapter. Historically, a churchwarden was responsible for maintaining the churchwardens' accounts of the parish's income and expenses. Responsibilities of office Churchwardens have a duty to represent the laity and co-operate with the incumbent (or, in cases of vacancy, the bishop). They are expected to lead the parishioners by setting a good example and encouraging unity and peace. They have a duty to maintain order and peace in the church and churchyard at all times, and especially during services, although this task tends to be devolved to sidesmen.Clements 2018, pp14-16. Churchwardens in many parts of the Anglica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over all matters of equity (law) , equity, including English trusts law, trusts, English land law, land law, the estates of Mental illness, lunatics and the guardianship of infants. Its initial role differed somewhat: as an extension of the lord chancellor's role as Keeper of the King's Conscience, the court was an administrative body primarily concerned with conscientious law. Thus the Court of Chancery had a far greater remit than the common-law courts (whose decisions it had the jurisdiction to overrule for much of its existence) and was far more flexible. Until the 19th century, the Court of Chancery could apply a far wider range of remedies than common law courts, such as specific performance and injunctions, and had some power to gr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letters Patent
Letters patent (plurale tantum, plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, President (government title), president or other head of state, generally granting an office, right, government-granted monopoly, monopoly, title or status to a person or corporation. Letters patent can be used for the creation of corporations, government offices, to grant city status or heraldry, coats of arms. Letters patent are issued for the appointment of representatives of the Crown, such as governors and governor-general, governors-general of Commonwealth realms, as well as appointing a Royal Commission. In the United Kingdom, they are also issued for the creation of peers of the realm. A particular form of letters patent has evolved into the modern intellectual property patent (referred to as a utility patent or design patent in United States patent law) granting exclusive rights in an invention or design. In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
