|
Brief (law)
A brief (Old French from Latin "''brevis''", short) is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales (and other Commonwealth countries, e.g., Australia) the phrase refers to the papers given to a barrister when they are instructed. Language :Pre-Trial briefs are exchanged between parties at a date set during the pre-trial conference to argue matters under consideration before trial.Federal Rules of Civil Procedure 16(C)(2) :Trial briefs are presented at trial to resolve a disputed point of evidence. :Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. :: Merit briefs (or briefs on the merits) refers to briefs on the inherent rights and wrongs of a case, absent any emotional or technical biases :: Amicus briefs refer to briefs filed by persons not directly party to the case. These are often groups that have a direct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adversarial System
The adversarial system or adversary 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 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 trial courts operate, putting the prosecution against the defense. Basic features As an accused is not compelled to give evidence in a criminal adversarial proceeding, they may not be questioned by a prosecutor or judge unless they choose to be; however, should they decide to testify, they are subject to cross-examination and could be found guilty of perjury. As the election to maintain an accused person's right to silence prevents any examinat ... [...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 a party's claims or defenses to another party's claims 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 Pleading in early American law was done through common law writs (for example '' demurrer''). 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 damnu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dutch Language
Dutch ( ) is a West Germanic language spoken by about 25 million people as a first language and 5 million as a second language. It is the third most widely spoken Germanic language The Germanic languages are a branch of the Indo-European language family spoken natively by a population of about 515 million people mainly in Europe, North America, Oceania and Southern Africa. The most widely spoken Germanic language, E ..., after its close relatives German language, German and English language, English. ''Afrikaans'' is a separate but somewhat Mutual intelligibility, mutually intelligible daughter languageAfrikaans is a daughter language of Dutch; see , , , , , . Afrikaans was historically called Cape Dutch; see , , , , , . Afrikaans is rooted in 17th-century dialects of Dutch; see , , , . Afrikaans is variously described as a creole, a partially creolised language, or a deviant variety of Dutch; see . spoken, to some degree, by at least 16 million people, mainly in Sou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example: * in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis; * in government, typically regulation means stipulations of the delegated legislation which is drafted by subject-matter experts to enforce primary legislation; * in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement; and, * in psychology, self-regulation theory is the study of how individuals regulate their thoughts and behaviors to reach goals. Social Regulation in the social, political, psychological, and economic domains can take many forms: legal restr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publicat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Table Of Authorities
A table of authorities is part of a legal brief that contains an index of the cases, statutes, and secondary sources cited. This article deals specifically with the characteristics of tables of authorities in the United States. The table of authorities, often called a TOA, is frequently a legal requirement for litigation briefs; the various state courts have different rules as to what kinds of briefs require a TOA. The TOA list has the name of the authority followed by the page number or numbers on which each authority appears, and the authorities are commonly listed in alphabetical order within each grouping. The intention is to allow law clerks and judges to easily and rapidly identify and access the legal authorities cited in a litigation brief. A table of authorities is also sometimes called a table of cases or a table of citations. Rules for citing legal authorities The "Bluebook: A Uniform System of Citation" is relied upon in many jurisdictions to provide rules for c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts Of The United States
The courts of the United States are closely linked hierarchical systems of courts at the federal and state levels. The federal courts form the judicial branch of the US government and operate under the authority of the United States Constitution and federal law. The state and territorial courts of the individual U.S. states and territories operate under the authority of the state and territorial constitutions and state and territorial law. Federal statutes that refer to the "courts of the United States" are referring only to the courts of the federal government, and not the courts of the individual states and counties. Because of the federalist underpinnings of the division between sovereign federal and state governments, the various state court systems are free to operate in ways that vary widely from those of the federal government, and from one another. In practice, however, every state has adopted a division of its judiciary into at least two levels, and almost every stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorneys In The United States
An attorney at law (or attorney-at-law) in the United States is a practitioner in a court of law who is legally qualified to prosecute and defend actions in court on the retainer of clients. Alternative terms include counselor (or counsellor-at-law) and lawyer. As of April 2011, there were 1,225,452 licensed attorneys in the United States. A 2012 survey conducted by LexisNexis Martindale-Hubbell determined 58 million consumers in the U.S. sought an attorney in the last year and that 76 percent of consumers used the Internet to search for an attorney. The United States legal system does not draw a distinction between lawyers who plead in court and those who do not, unlike many other common law jurisdictions. For example, jurisdictions in the United Kingdom distinguish between solicitors who do not plead in court, and the barristers of the English and Welsh system and the Northern Ireland system and the advocates of the Scottish system, who do plead in court. Likewise, civ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Book Of Common Prayer
The ''Book of Common Prayer'' (BCP) is the name given to a number of related prayer books used in the Anglican Communion and by other Christian churches historically related to Anglicanism. The original book, published in 1549 in the reign of King Edward VI of England, was a product of the English Reformation following the break with Rome. The work of 1549 was the first prayer book to include the complete forms of service for daily and Sunday worship in English. It contained Morning Prayer, Evening Prayer, the Litany, and Holy Communion and also the occasional services in full: the orders for Baptism, Confirmation, Marriage, " prayers to be said with the sick", and a funeral service. It also set out in full the "propers" (that is the parts of the service which varied week by week or, at times, daily throughout the Church's Year): the introits, collects, and epistle and gospel readings for the Sunday service of Holy Communion. Old Testament and New Testament readings ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Churchwarden
A churchwarden is a lay official in a parish or congregation of the Anglican Communion or Catholic Church, usually working as a part-time volunteer. In the Anglican tradition, holders of these positions are ''ex officio'' members of the parish board, usually called a vestry, parochial church council, or in the case of a Cathedral parish the chapter. Responsibilities of office Churchwardens have a duty to represent the laity and co-operate with the incumbent (or, in cases of vacancy, the bishop). They are expected to lead the parishioners by setting a good example and encouraging unity and peace. They have a duty to maintain order and peace in the church and churchyard at all times, and especially during services, although this task tends to be devolved to sidesmen.Clements 2018, pp14-16. Churchwardens in many parts of the Anglican Communion are legally responsible for all the property and movable goods belonging to a parish church. If so, they have a duty under ecclesiasti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants. Its initial role was somewhat different: as an extension of the lord chancellor's role as Keeper of the King's Conscience, the court was an administrative body primarily concerned with conscientious law. Thus the Court of Chancery had a far greater remit than the common law courts, whose decisions it had the jurisdiction to overrule for much of its existence, and was far more flexible. Until the 19th century, the Court of Chancery could apply a far wider range of remedies than common law courts, such as specific performance and injunctions, and had some power to grant damages in special circumstances. With the shift of the Exchequer of Pleas toward ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letters Patent
Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, title or status to a person or corporation. Letters patent can be used for the creation of corporations or government offices, or for granting city status or a coat of arms. Letters patent are issued for the appointment of representatives of the Crown, such as governors and governors-general of Commonwealth realms, as well as appointing a Royal Commission. In the United Kingdom, they are also issued for the creation of peers of the realm. A particular form of letters patent has evolved into the modern intellectual property patent (referred to as a utility patent or design patent in United States patent law) granting exclusive rights in an invention or design. In this case it is essential that the written grant should be in the form of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
