Bill Of Particulars
In common law jurisdictions, a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information. A bill of particulars may be used in either criminal defense or in civil litigation. Use In criminal law, defense attorneys may file a motion requesting a bill of particulars from prosecuting attorneys. However, prosecuting attorneys cannot request the same of the defense. This request may be part of an omnibus motion, motion in limine, or similar motion. In a civil action such as a tort or breach of contract case, either attorney or party can request it. It is rarely used in American small claims cases. It is not entirely clear whether this can be done in practice in Britain on the Allocation questionnaire. An insufficient response to a request for a bill of particulars may be grounds for dismissal of the claim, or other sanctions against the resp ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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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]   |
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Allocation Questionnaire
An allocation questionnaire is a form used in English language, English legal practice. After a claim is made, if a defence is filed each party is required to complete and return an allocation questionnaire to the court so that the judge may properly allocate the claim to a track and give further directions towards a final hearing. Forms on the Internet Sample allocation questionnaires are available on the Internet. The official UK Courts web site has many forms available, including the allocation questionnaire. The actual form is available, as of March 2007, as a pdf file. The Citizens Advice Bureau provides a generic legal advice web site with information about the words and phrases used in small claims procedure in UK Courts. The form itself The allocation questionnaire is a Pivotal Point in the judicial process requesting the following information: * Whether you wish to have a month to settle the case. * What is the location or Venue (law), venue of the case, and why it is ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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American Legal Terminology
American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, people who self-identify their ancestry as "American" ** American English, the set of varieties of the English language native to the United States ** Native Americans in the United States, indigenous peoples of the United States * American, something of, from, or related to the Americas, also known as "America" ** Indigenous peoples of the Americas * American (word), for analysis and history of the meanings in various contexts Organizations * American Airlines, U.S.-based airline headquartered in Fort Worth, Texas * American Athletic Conference, an American college athletic conference * American Recordings (record label), a record label that was previously known as Def American * American University, in Washington, D.C. Sports teams ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Suitable Age And Discretion
Suitable age and discretion is both a legal definition of maturity (and by contrast immaturity),''Temple v. Norris'', 55 N.W. 133, 133–134 (Minn. 1893), found aGoogle books Accessed March 30, 2010. and an alternate method of service of process by which a process server can leave a summons, subpoena, or complaint with a person living at the residence of the defendant.N.Y. Civil Law Practice and Rules section 308, found aNew York State Assembly website(go to CVP) an All accessed March 29, 2010. Definitions Minimum age The age that adolescents gain legal rights and privileges vary. Generally, those who reach the age of 18 are legally considered to have reached the age of majority, but persons below that age may gain adult rights through legal emancipation. The legal working age in Western countries is usually between 14 and 16, depending on the hours and type of employment. This may be different from the minimum school leaving age (at which a person is legally allowed to ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Motion For More Definite Statement
A motion for more definite statement in many jurisdictions in the United States, and under United States federal law, is a means of obtaining a more detailed motion from the opposing party in a civil case before interposing a responsive pleading. In federal jurisprudence, the motion is permitted by Rule 12(e) of The Federal Rules of Civil Procedure. The presiding judge will respond either by granting the motion or striking it from the record if it is found to be without legal merit. The motion must contain a point-by-point rebuttal, with each point numbered, and ideally should reference some case law in support of the motion. In the Commonwealth of Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ..., a motion seeking such relief is called a motion for a bill of particulars. ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Virginia
Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States, Atlantic Coast and the Appalachian Mountains. The state's List of capitals in the United States, capital is Richmond, Virginia, Richmond and its most populous city is Virginia Beach, Virginia, Virginia Beach. Its most populous subdivision is Fairfax County, Virginia, Fairfax County, part of Northern Virginia, where slightly over a third of Virginia's population of more than 8.8million live. Eastern Virginia is part of the Atlantic Plain, and the Middle Peninsula forms the mouth of the Chesapeake Bay. Central Virginia lies predominantly in the Piedmont (United States), Piedmont, the foothill region of the Blue Ridge Mountains, which cross the western and southwestern parts of the state. The fertile Shenandoah Valley fosters the state's mo ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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California
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an international border with the Mexico, Mexican state of Baja California to the south. With almost 40million residents across an area of , it is the List of states and territories of the United States by population, largest state by population and List of U.S. states and territories by area, third-largest by area. Prior to European colonization of the Americas, European colonization, California was one of the most culturally and linguistically diverse areas in pre-Columbian North America. European exploration in the 16th and 17th centuries led to the colonization by the Spanish Empire. The area became a part of Mexico in 1821, following Mexican War of Independence, its successful war for independence, but Mexican Cession, was ceded to the U ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its south. Of the fifty U.S. states, Illinois has the List of U.S. states and territories by GDP, fifth-largest gross domestic product (GDP), the List of U.S. states and territories by population, sixth-largest population, and the List of U.S. states and territories by area, 25th-most land area. Its capital city is Springfield, Illinois, Springfield in the center of the state, and the state's largest city is Chicago in the northeast. Present-day Illinois was inhabited by Indigenous peoples of the Americas#History, Indigenous cultures for thousands of years. The French were the first Europeans to arrive, settling near the Mississippi and Illinois River, Illinois rivers in the 17th century Illinois Country, as part of their sprawling colony of ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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New York (state)
New York, also called New York State, is a U.S. state, state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and the Great Lakes. New York is the List of U.S. states and territories by population, fourth-most populous state in the United States, with nearly 20 million residents, and the List of U.S. states and territories by area, 27th-largest state by area, with a total area of . New York has Geography of New York (state), a varied geography. The southeastern part of the state, known as Downstate New York, Downstate, encompasses New York City, the List of U.S. cities by population, most populous city in the United States; Long Island, with approximately 40% of the state's population, the nation's most populous island; and the cities, suburbs, and wealthy enclaves of the lower Hudson Valley. These areas are the center of the expansive New ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Discovery (law)
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain Evidence (law), evidence from other parties. This is by means of methods of discovery such as interrogatories, Request for production, requests for production of documents, request for admissions, requests for admissions and Deposition (law), depositions. Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order. History Discovery evolved out of a unique feature of early Equity (law), equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These we ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Federal Rules Of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federal Rules of Civil Procedure. The admissibility and use of evidence in criminal proceedings (as well as civil) are governed by the separate Federal Rules of Evidence. Drafting and enactment The rules are promulgated by the Supreme Court of the United States, pursuant to its statutory authority under the Rules Enabling Act. The Supreme Court must transmit a copy of its rules to the United States Congress no later than May 1 of the year in which they are to go into effect, and the new rule can then become effective no earlier than December 1 of that year. Congress retains the power to reject the Court's proposed rules or amendments, to modify them, or to enact rules or amendments itself. Congress has rarely rejected the Court's propos ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Complaint
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading. In Civil Law, a "complaint" is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |