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Open Court Principle
The open court principle requires that court proceedings presumptively be open and accessible to the public and to the media. In contrast, '' in camera'' describes court proceedings where the public and press are not allowed to observe the procedure or process. Canada Purpose The virtues of openness were discussed by the Supreme Court of Canada in ''A.G. Nova Scotia v. MacIntyre'' which quoted eighteenth-century philosopher Jeremy Bentham: :In the darkness of secrecy, sinister interest and evil in every shape have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial. According to the Supreme Court of Canada in '' Vancouver Sun (Re)'', the open court principle enhances the public's confidence in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
News Media
The news media or news industry are forms of mass media that focus on delivering news to the general public. These include News agency, news agencies, newspapers, news magazines, News broadcasting, news channels etc. History Some of the first news circulations occurred in Renaissance Europe. These handwritten newsletters, circulated among merchants, contained news about wars, economic conditions, and social customs. Newsletters were very scarce and no two were the same as they were all hand written, until the invention of the printing press by Johannes Gutenberg in 1440. With movable type and ink, newspapers were now able to be mass produced for cheap. The first printed news appeared by the late 1400s in German pamphlets, which contained content that was often highly sensationalized. The first newspaper written in English was ''The Weekly News,'' published in London in 1621. Several papers followed in the 1640s and 1650s. In 1690, the first American newspaper was published by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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. Meaning 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Hoax
A hoax (plural: hoaxes) is a widely publicised falsehood created to deceive its audience with false and often astonishing information, with the either malicious or humorous intent of causing shock and interest in as many people as possible. Some hoaxers intend to eventually unmask their representations as having been a hoax so as to expose their victims as fools; seeking some form of profit, other hoaxers hope to maintain the hoax indefinitely, so that it is only when skeptical people willing to investigate their claims publish their findings, that the hoaxers are finally revealed as such. History Zhang Yingyu's '' The Book of Swindles'' ( 1617), published during the late Ming dynasty, is said to be China's first collection of stories about fraud, swindles, hoaxes, and other forms of deception. Although practical jokes have likely existed for thousands of years, one of the earliest recorded hoaxes in Western history was the drummer of Tedworth in 1661. The communication of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Secret Trial
A secret trial is a trial that is not open to the public or generally reported in the news, especially any in-trial proceedings. Generally, no official record of the case or the judge's verdict is made available. Often there is no indictment. Secret trials have been characteristic of many dictatorships in the modern era, but are also used in many democratic nations, with the explanation of being necessary for national security. They are a hotly debated topic in many circles, but are generally accepted in the western world as they are seen as protecting the " greater good". Australia It is possible that some wholly-secret trials occurred in Australia during World War I or World War II. In the 21st century, several secret trials have occurred or are set to occur in Australia: * In 2018, " Witness J" was tried and imprisoned by the Australian government in near-total secrecy. The existence of Witness J was discovered only by chance by a judge, and the scant details were reported t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Publication Ban
A publication ban is a court order which prohibits the public or media from disseminating certain details of an otherwise public judicial proceeding. In Canada, publication bans are most commonly issued when the safety or reputation of a victim or witness may be hindered by having their identity openly broadcast in the press. They are also commonly issued when the crime involves minors or is sexual in nature. In countries where press freedom is the norm, an actual ban on publication is used mostly for ongoing court cases where publicity may affect the case, although in Canada the balance has tilted away from disclosure since the passage in 1985 of the Freedom of Information and Protection of Privacy Act (Ontario). In Canada There are several types of publication ban permitted under the Canadian criminal code: * An order restricting the publication of information identifying complainants of sexual offences s.486.4] * An order restricting publication of information identifying v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Public Trial
Public trial or open trial is a trial (law), trial that is open to the public, as opposed to a secret trial. It should not be confused with a show trial. United States The Sixth Amendment to the United States Constitution establishes the right of the accused to a public trial. The right to a public trial is strictly enforced, but is not absolute. Trials may in exceptional cases be regulated. Closures are decided case-by-case by the judge evaluating a claimed danger to a substantial or legitimate public interest. But whatever the interest at stake, the likelihood of danger to that interest must meet a substantial probability' test". Examples of cases presenting closure issues include organized crime cases (overall security concerns), rape cases (decency concerns), Minor (law), juvenile cases,Overview of the Sixth Amend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Open Justice
Open justice is a Legal doctrine, legal principle that requires that judicial proceedings be conducted in a transparent manner and with the oversight of the people, so as to safeguard the rights of those subject to the power of the court and to allow for the scrutiny of the public in general. The term has particular emphasis in legal systems based on Law of the United Kingdom, British law, such as in the United Kingdom, Commonwealth of Nations, Commonwealth countries such as South Africa and Canada and Australia, and former British colonies such as the United States. The term has several closely related meanings: it is seen as a fundamental rights, right guaranteeing liberty; it describes guidelines for how courts can be more transparent; and it sometimes identifies an ideal situation. In a courtroom, it means steps to promote transparency such as letting the public see and hear trials as they happen in real time, televising trials as they happen, videotaping proceedings for later vi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Judicial Independence
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers. Different countries deal with the idea of judicial independence through different means of judicial selection, that is, choosing judges. One method seen as promoting judicial independence is by granting life tenure or long tenure for judges, as it would ideally free them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by manda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
In Camera
''In camera'' (; Latin: "in a chamber"). is a legal term that means ''in private''. The same meaning is sometimes expressed in the English equivalent: ''in chambers''. Generally, ''in-camera'' describes court cases, parts of it, or process where the public and press are not allowed to observe the procedure or process.. ''In-camera'' is the opposite of trial in open court where all parties and witnesses testify in a public courtroom, and attorneys publicly present their arguments to the trier of fact. ''In camera'' hearings during trials Entire cases may be heard ''in-camera'' when, for example, matters of national security are involved. ''In-camera'' review by a judge may be used during otherwise open trials—for example, to protect trade secrets or where one party asserts privilege (such as attorney–client privileged communications). This lets the judge review documents in private to determine if revelation of documents in open court will be allowed. In United State ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Freedom Of The Press
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic Media (communication), media, especially publication, published materials, should be considered a right to be exercised freely. Such freedom implies the absence of interference from an overreaching State (polity), state; its preservation may be sought through a constitution or other legal protection and security. It is in opposition to paid press, where communities, police organizations, and governments are paid for their copyrights. Without respect to governmental information, any government may distinguish which materials are public or protected from disclosure to the public. State materials are protected due to either one of two reasons: the classified information, classification of information as sensitive, classified, or secret, or the relevance of the information to protecting the national interest. Many governm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been recognised as a Human rights, human right in the Universal Declaration of Human Rights and international human rights law. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
