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Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement and prosecutions, or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience. Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the United States Attorney General or the Attorney-General for Australia, and the respective attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Minister of Justice in some other countries. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Attorney
Crown attorneys or crown counsel () or, in Alberta and New Brunswick, crown prosecutors are the prosecutors in the legal system of Canada. Crown attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code and various other statutes. Criminal prosecutions pursuant to federal statutes other than the Criminal Code, such as the ''Controlled Drugs and Substances Act'', the '' Income Tax Act'', and others, are generally (but not exclusively) conducted by the Public Prosecution Service of Canada, which also handles most narcotic case outside of Quebec and New Brunswick. There are similarities between this role and the procurator fiscal in Scotland, crown prosecutor in England and Wales and United States Attorney or district attorney in the United States. Crown attorneys are not elected. They are civil servants and may be removed from their positions pursuant to their employment agreements. Although the enactment of criminal law is under federal jurisdicti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inquisitorial System
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia (except Hong Kong), Indochina, Thailand, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors or infractions, such as minor traffic violations. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admitted To The Bar
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates. Becoming a lawyer is a widely varied process around the world. Common to all jurisdictions are requirements of age and competence; some jurisdictions also require documentation of citizenship or immigration status. However, the most varied requirements are those surrounding the preparation for the license, whether it includes obtaining a law degree, passing an exam, or serving in an apprenticeship. In English, admission is also called a law license. Basic requirements vary from country to country, as described below. In some jurisdictions, after admission the lawyer needs to maintain a current practising certificate to be permitted to offer services to the public. Africa The African Union comprises all 55 co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas. Original meaning In ancient Rome, the word '' magistratus'' referred to one of the highest offices of state. Analogous offices in the local authorities, such as '' municipium'', were subordinate only to the legislature of which they generally ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
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] |
The Crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive government specifically or only to the monarch and their Viceroy, direct representatives. The term can be used to refer to the rule of law; or to the functions of executive (government), executive (the Crown-King-in-Council, in-council), legislative (the Crown-in-parliament), and judicial (the Crown on the bench) governance and the civil service. The concept of the Crown as a corporation sole developed first in the Kingdom of England as a separation of the physical crown and property of the kingdom from the person and personal property of the monarch. It spread through English and later British colonisation and developed into an imperial crown, which rooted it in the legal lexicon of all 15 Commonwealth realms, their various dependencies, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barrister
A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprudence, researching the law and giving legal opinions. Barristers are distinguished from solicitors and other types of lawyers (e.g. chartered legal executives) who have more direct access to clients, and may do transactional legal work. In some legal systems, including those of Anglo-Dutch law, South Africa, Stockholm Institute for Scandinavian Law#Scandinavian Law, Scandinavia, Law of Pakistan, Pakistan, Law of India, India, Law of Bangladesh, Bangladesh and the Crown Dependencies of Law of Jersey, Jersey, Guernsey#Politics, Guernsey and the Manx Law, Isle of Man, ''barrister'' is also regarded as an honorific. In a few jurisdictions barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of ano ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Advocate
An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scots law, Scottish, Law of the Isle of Man, Manx, Anglo-Dutch law, South African, Law of Italy, Italian, Law of France, French, Law of Spain, Spanish, Law of Portugal, Portuguese, Stockholm Institute for Scandinavian Law#Scandinavian Law, Scandinavian, Law of Poland, Polish, Israeli, South Asian and South American jurisdictions, "advocate" indicates a lawyer of superior classification. "Advocate" is in some languages an honorific for lawyers, such as "Alberico Gentili, Adv. Sir Alberico Gentili". "Advocate" also has the everyday meaning of speaking out to help someone else, such as patient advocacy or the support expected from an elected politician; this article does not cover those senses. Europe Uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
