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Writ Of Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: , , o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Process
Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, Mandate (criminal law), mandate, and warrant (law), warrant. Process normally takes effect by service of process, serving it on a person, arresting a person, posting it on real property, or seizing personal property. Abuse See also *Civil procedure *Due process *Legal proceedings *Legal process outsourcing *Procedural law *Trial References Further reading *Hartzler, H. Richard (1976). ''Justice, Legal Systems, and Social Structure''. Port Washington, NY: Kennikat Press. *Kempin, Jr., Frederick G. (1963). ''Legal History: Law and Social Change''. Englewood Cliffs, NJ: Prentice-Hall. *Murphy, Cornelius F. (1977). ''Introduction to Law, Legal Process, and Procedure''. St. Paul, MN: West Publishing. *Schwartz, Bernard (1974). ''The Law in America''. New York: American Heritage Publishing Co. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Infinitive
Infinitive ( abbreviated ) is a linguistics term for certain verb forms existing in many languages, most often used as non-finite verbs that do not show a tense. As with many linguistic concepts, there is not a single definition applicable to all languages. The name is derived from Late Latin [] , a derivative of meaning "unlimited". In traditional descriptions of English language, English, the infinitive is the basic dictionary form of a verb when used non-finitely, with or without the particle to. Thus to go is an infinitive, as is ''go'' in a sentence like "I must go there" (but not in "I go there", where it is a finite verb). The form without ''to'' is called the bare infinitive, and the form with ''to'' is called the full infinitive or to-infinitive. In many other languages the infinitive is a distinct single word, often with a characteristic inflective ending, like (" osing") in Portuguese, (" odie") in Spanish, (" oeat") in French, (" ocarry") in Latin and Ita ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of India
The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out Fundamental rights in India, fundamental rights, Directive Principles, directive principles, and the duties of citizens. It espouses constitutional autochthony, constitutional supremacy (not Parliamentary sovereignty, parliamentary supremacy found in the United Kingdom, since it was created by a Constituent Assembly of India, constituent assembly rather than Parliament of India, Parliament) and was adopted with a declaration in Preamble to the Constitution of India, its preamble. Although the Indian Constitution does not contain a provision to limit the powers of the parliament to amend the constitution, the Supreme Court in Kesavananda Bharati v. State of Kerala held that there ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Senior Courts Act 1981
The Senior Courts Act 1981 (c. 54), originally named the Supreme Court Act 1981, is an act of the Parliament of the United Kingdom. The act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously known as the "Superior Courts"). These Senior Courts comprise: the Court of Appeal, High Court of Justice, the Employment Appeal Tribunal, and the Crown Court. Change of name The Constitutional Reform Act 2005 established a new Supreme Court which, on 1 October 2009, replaced the Appellate Committee of the House of Lords. To avoid confusion, the Supreme Court Act 1981 was renamed the Senior Courts Act 1981, and all statutory references to the Supreme Court of England and Wales were amended to refer to the Senior Courts of England and Wales. The former term "Supreme Court" did not mean the 2009 Supreme Court (which, of course, did not exist in 1981), but was shorthand for the "Supreme Court of England and Wales", called before 1981 the " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review In English Law
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly (but rarely) award damages. A court may impose an injunction upon the public body. When creating a public body, legislation will often define duties, limits of power, and prescribe the reasoning a body must use to make decisions. These provisions provide the main parameters for the lawfulness of its decision-making. The Human Rights Act 1998 provides that statutes must be interpreted so far as possible, and public bodies must act, in a manner which is compliant with the European Convention on Human Rights and Fundamental Freedoms. There are common law constraints on the decision-making proce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Pearce, Baron Pearce
Edward Holroyd Pearce, Baron Pearce, (9 February 1901 – 26 November 1990) was a British barrister and judge. He served as a Lord of Appeal in Ordinary from 1962 until 1969. In 1971–72, he chaired the Pearce Commission, which was charged with testing the acceptability of a proposed constitutional settlement in Rhodesia. Early life and career Edward Holroyd Pearce was born in Sidcup in Kent, the eldest child (he was followed by three sisters) of John William Ernest Pearce, headmaster of a preparatory school, and Irene Pearce, ''née'' Chaplin, daughter of daughter of Holroyd Chaplin. He was educated at Charterhouse School and Corpus Christi College, Oxford, of which he was a scholar and where he took a First in Honour Moderations in 1921 and a Third in '' literae humaniores'' in 1923. He was elected an honorary fellow of Corpus Christi in 1950. Called to the bar by Lincoln's Inn and the Middle Temple in 1925, he practiced in the King's Bench and Probate, Di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plain Error
The scope of review refers generally to the right to have an issue raised on appeal. It entails whether an issue was preserved by or available to an appellant on appeal. Scope of review is to the appellate court what the burden of proof is to the trial court. For example, in the United States, a party can preserve an issue for appeal by raising an objection at trial. Scope of review further relates to matters such as which judicial acts the appellate court can examine and what remedies it can apply. The scope of review for administrative law Administrative law is a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regul ... evolved substantially in the 1970s and 1980s. See also * Standard of review References * {{Law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interlocutory Appeal
An interlocutory appeal (or interim appeal) occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding. The rules governing how and when interlocutory appeals may be taken vary by jurisdiction. United States An appeal is described as interlocutory when it is made before all claims are resolved as to all parties. For instance, if a lawsuit contains claims for breach of contract, fraud and interference with contractual advantage, and if there are three defendants in this lawsuit, then until all three claims are resolved as to all three defendants, any appeal by any party will be considered interlocutory. The American courts disfavor such appeals, requiring parties to wait until all the claims as to all parties are resolved before any appeal can be brought to challenge any of the decisions made by the judge during the life of the case. "Although the general rule requires finality in order for a matter to be appealable, there are exceptions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inherent Jurisdiction
Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal. The term is also used when a governmental institution derives its jurisdiction from a fundamental governing instrument such as a constitution. In the English case of ''Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd'', Lord Diplock described the court's inherent jurisdiction as a general power to control its own procedure so as to prevent its being used to achieve injustice. Inherent jurisdiction appears to apply to an almost limitless set of circumstances. There are four general categories for use of the court's inherent jurisdiction:{{cn, date=May 2022 #to ensure convenience and fairness in legal proceedings; #to prevent steps being taken that would render judicial proceedings inefficaci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to ''Encyclopædia Britannica'', it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law. Use of the phrase can be traced to Tudor period, 16th-century Britain. In the following century, Scottish theologian Samuel Rutherfor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
