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Summary (law)
Summary, in law, forms many compounds as an adjective meaning "short, concise": *Summary abatement, the abatement of a nuisance without judicial proceeding, even without notice or hearing, often by a destruction of the offending thing or structure. 39 Am J1st Nuis § 183 et seq. *Summary contempt proceeding, a proceeding to adjudicate contempt in the immediate presence of the court, without pleading, affidavit, or formal charges—albeit the accused may be entitled to a hearing or at least opportunity to make an explanation of his conduct under oath. 17 Am J2d Contpt §§ 86–88. * Summary conviction, convicting an accused without giving him the benefit of a jury trial and/or indictment. *Summary court-martial, the lowest in the rank of courts-martial, conducted before one commissioned officer, limited in jurisdiction to offenses of a minor or petty nature of which enlisted men, not commissioned officers, stand accused. * Summary dismissal, a dismissal of a civil service employee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Conviction
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (including all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court-martial
A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record. Most military ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Dismissal
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Execution
In civil and military jurisprudence, summary execution is the putting to death of a person accused of a crime without the benefit of a free and fair trial. The term results from the legal concept of summary justice to punish a summary offense, as in the case of a drumhead court-martial, but the term usually denotes the ''summary execution'' of a sentence of death. Under international law, it is defined as a combatant's refusal to accept an opponent's lawful surrender and the combatant's provision of no quarter, by killing the surrendering opponents. Summary executions have been practiced by police, military, and paramilitary organizations and are frequently associated with guerrilla warfare, counter-insurgency, terrorism, and any other situation which involves a breakdown of the normal procedures for handling accused prisoners, civilian or military. Military jurisdiction Under military law, summary execution is illegal in almost all circumstances, as a military tribunal would ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Execution
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is called a death sentence, and the act of carrying out the sentence is an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Etymologically, the term ''capital'' (, derived via the Latin ' from ', "head") refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing. Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against a person, such as murder, assassination, mass murder, ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Judgment
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a Judgment (law), judgment entered by a court for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Jurisdiction
Summary jurisdiction, in the widest sense of the phrase, in English law includes the power asserted by courts of record to deal ''brevi manu'' (directly) with contempts of court without the intervention of a jury. Probably the power was originally exercisable only when the fact was notorious, i.e. done in presence of the court. But it has long been exercised as to contempt of court, contempts outside of a court. The term is also applied to the special powers given by statute or rules to the High Court of Justice and to county courts for dealing with certain classes of causes or matters by methods more simple and expeditious than the ordinary procedure of an action. But the phrase in modern times is applied almost exclusively to forms of jurisdiction exercised by justices of the peace out of general or Court of quarter sessions, quarter sessions, and without the assistance of a jury. Overview Ever since the creation of the office of justice of the peace the tendency of English legi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Jury Trial
Summary jury trial is an alternative dispute resolution technique, increasingly being used in civil disputes in the United States. In essence, a mock trial is held: a jury is selected and, in some cases, presented with the evidence that would be used at a real trial. The parties are required to attend the proceeding and hear the verdict that the jury brings in. After the verdict, the parties are required to once again attempt a settlement before going to a real trial. Rationale The theory is that hearing the actual judgment rendered will cause one party or the other to become more amenable to a reasoned settlement. It may also satisfy the desire of one or more of the parties to have their day in court and have their case heard by an impartial jury. Procedure The summary jury trial, when ordered by the courts, occurs as a break from regular litigation. The courts have found their power to do this under Rule 16 of the ''Federal Rules of Civil Procedure''. In the normal case, the jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dispute Resolution
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term ''dispute resolution'' is '' conflict resolution'' through legal means. Prominent venues for dispute settlement in international law include the International Court of Justice (formerly the Permanent Court of International Justice); the United Nations Human Rights Committee (which operates under the ICCPR) and European Court of Human Rights; the Panels and Appellate Body of the World Trade Organization; and the International Tribunal for the Law of the Sea. Half of all international agreements include a dispute settlement mechanism. States are also known to form their own arbitration tribunals to settle disputes. Prominent private international courts, which adjudicate disputes between commercial private entities, include the International Court of Arbitration (of the International Chamber of Commerce) and the London Court of International Arbitration. Methods Met ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (including all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Order
may refer to: * Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences * Epitome, a summary or miniature form * Abridgement, the act of reducing a written work into a shorter form * Summary or executive summary of a document, a short document or section that summarizes a longer document such as a report or proposal or a group of related reports * Introduction (writing) * Summary (law), which has several meanings in law * Automatic summarization, the use of a computer program to produce an abstract or abridgement See also * Overview (other) * Recap (other) Recap may refer to: * Retread a resurfaced tire * Recap sequence * Dividend recapitalization * RECAP, archiving software for United States court documents *'' The Recap'' album See also * Summary (other) {{disambig ... * Synopsis (other) {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
