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Continuance Of Laws, Etc
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge ''sua sponte In law, ''sua sponte'' (Latin: "of his, her, its, or their own accord") or ''suo motu/suo moto'' ("on its own motion") describes an act of authority taken without formal prompting by another party. The term is usually applied to actions taken by a ...''. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to grant continuances. However, a motion for continuance may be granted when necessitated by unforeseeable events, or for other reasonable cause articulated by the movant (the person seeking the continuance), especially when the court deems it necessary and prudent in the "interest of justice." Criminal cases In general Although a continuance is the result of a court order issued by the judge in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Procedural Law
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil procedure, civil, lawsuit, criminal procedure, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. Substantive law, which refers to the actual claim (legal), claim and defense (legal), defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to Right to Information Act, 2005, rights to information, access to justice, and right to counsel, rights to public participation, and right to confront accusers, as well as the basic presumption of innocence (meaning the prosecution regularly must meet th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sam Sheppard
Samuel Holmes Sheppard ( – ) was an American osteopath. He was convicted of the 1954 murder of his pregnant wife, Marilyn Reese Sheppard, but the conviction was eventually overturned by the U.S. Supreme Court, which cited a "carnival atmosphere" at the trial. Sheppard was acquitted at a retrial in 1966. Early life and education Sheppard was born in Cleveland, Ohio, the youngest of three sons of Richard Allen Sheppard, D.O. He attended Cleveland Heights High School where he was an excellent student and was active in American football, basketball, and track; he was class president for three years. Sheppard met his future wife, Marilyn Reese, while in high school. Although several small Ohio colleges offered him athletic scholarships, Sheppard chose to follow the lead of his father and older brothers and pursued a career in osteopathic medicine. He enrolled at Hanover College in Indiana to study pre-osteopathic medical courses, then took supplementary courses at the Case In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subpoena Ad Testificandum
A ''subpoena ad testificandum'' is a court summons to appear and give oral testimony for use at a hearing or trial. The use of a writ for purposes of compelling testimony originated in the ecclesiastical courts of Church during the High Middle Ages, especially in England. The use of the subpoena writ was gradually adopted over time by civil and criminal courts in England and the European continent. History The subpoena developed as a creative writ, the "writ subpoena", from the Court of Chancery. Writs of many kinds formed the essential parts of litigation. The primary function of a writ in the 13th and 14th centuries was to convey the king's commands to his officers and servants. It was irrelevant what the nature of those commands might be. The Register of Writs shows a large variety of writs to be administrative in nature, as opposed to judicial. These former writs acquired the name prerogative writs in the 17th and 18th centuries. Prerogative writs that have survived i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically or mentally. The term is not used in contemporary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Change Of Venue
A change of venue is the legal term for moving a trial (law), trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and its defendants to another community in order to obtain jurors who can be more objective in their duties. This change may be to different towns, and across the other sides of states or, in some extremely high-profile Federal government of the United States, federal cases, to other states. In law, the word Venue (law), venue designates the location where a jury trial, trial will be held. It derives from the Latin word for "a place where people gather." Notwithstanding its use in high-profile cases, a change of venue is more typically sought when a defendant believes that the plaintiff's selected venue is either improper or less appropriate than another venue. A change of venue request because venue is impr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affidavits
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or containing a verification, meaning it is made under oath on penalty of perjury. It serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ''commencement'' which identifi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules 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. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. 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. At the time (1934) was adopted, federal courts were generally required to follow the procedural rules of the states in which they sat, but they were free to apply federal common law in cases not governed by a state constitution or state statute. Whether within the intent of Congress or not when adopting 28 U.S.C. 724 (1934), the situation was effectively reversed in 1938, the year the Federal Rul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litigants
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendants
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiffs
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). Plaintiff is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a demand ... [...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] |
Fourteenth Amendment Of The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederacy were required to ratify it to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting racial segregation in public schools), '' Loving v. Virginia'' (1967; ending interracial marriage bans), ''Roe v. Wade'' (1973; recognizing federal right to abortion until overturned in 2022), ''Bush v. Gore'' (2000; settling ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
