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Anton Piller Order
In English and English-derived legal systems, an Anton Piller order (frequently misspelled ''Anton Pillar order'') is a court order that provides the right to search premises and seize evidence without prior warning. This is intended to prevent the destruction of relevant evidence, particularly in cases of alleged trademark, copyright or patent infringements. Overview The order is named after the 1975 English case of ''Anton Piller KG v Manufacturing Processes Limited'', dealing with the theft of trade secrets, although the first reported such order was granted by Templeman J earlier that year. They are now formally known as search orders in England and Wales, New Zealand, Australia, and India. In ''Anton Piller'', Lord Denning described the nature of the relief: Because such an order does not give the accused party the ability to defend themselves, Anton Piller orders are only issued exceptionally and according to the three-step test set out by Ormrod LJ in ''Anton Piller' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bailiff
A bailiff is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. There are different kinds, and their offices and scope of duties vary. Another official sometimes referred to as a ''bailiff'' was the '' Vogt''. In the Holy Roman Empire a similar function was performed by the '' Amtmann''. They are mostly known for being the officer that keeps the order in a court of law and who also administers oaths to people who participate in court proceedings. Britain and Ireland Historic bailiffs ''Bailiff'' was the term used by the Normans for what the Saxons had called a '' reeve'': the officer responsible for executing the decisions of a court. The duty of the bailiff would thus include serving summonses and orders, and executing all warrants issued out of the corresponding court. The district within which the bailiff operated was called his '' bailiwick'', and is even to the present day. Bailiffs were outsiders and free me ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mareva Injunction
Asset freezing is a form of interim or interlocutory injunction which prevents a defendant to an action from dealing with or dissipating its assets so as to frustrate a potential judgment. It is widely recognised in other common law jurisdictions and such orders can be made to have world-wide effect. It is variously construed as part of a court's inherent jurisdiction to restrain breaches of its process. Origins in ''Mareva'' The legal order itself is in the form of an injunction, which in Commonwealth jurisdictions is also known as a freezing order, Mareva injunction, Mareva order or Mareva regime, after the 1975 case ''Mareva Compania Naviera SA v International Bulkcarriers SA'', although the first recorded instance of such an order in English jurisprudence was ''Nippon Yusen Kaisha v Karageorgis'', decided one month before ''Mareva''. The Civil Procedure Rules 1998 now define a Mareva injunction as a "freezing order". In England and Wales, the jurisdiction to issue an asse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Ireland
The Constitution of Ireland (, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executive President of Ireland, president, a Bicameralism, bicameral parliament, a separation of powers and judicial review. It is the second constitution of the Irish state since independence, replacing the 1922 Constitution of the Irish Free State. It Adoption of the Constitution of Ireland, came into force on 29 December 1937 following a statewide plebiscite held on 1 July 1937. The Constitution may be amended solely by a national referendum. It is the longest continually operating republican constitution within the European Union. Background The Constitution of Ireland replaced the Constitution of the Irish Free State, which had been in effect since the independence, as a dominion, of the Irish state from the United Kingdom on 6 December 192 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Ireland
The Supreme Court of Ireland () is the highest judicial authority in Republic of Ireland, Ireland. It is a court of final appeal and exercises, in conjunction with the Court of Appeal (Ireland), Court of Appeal and the High Court (Ireland), High Court, judicial review over Law of the Republic of Ireland, Acts of the Oireachtas (Irish parliament). The Supreme Court also has appellate jurisdiction to ensure compliance with the Constitution of Ireland by governmental bodies and private citizens. It sits in the Four Courts in Dublin. Establishment The Supreme Court was formally established on 29 September 1961 under the terms of the 1937 Constitution of Ireland. Prior to 1961, a transitory provision of the 1937 Constitution permitted the Supreme Court of the Irish Free State to continue, though the justices were required to take the new oath of office prescribed by the 1937 Constitution. The latter court was established by the Courts of Justice Act 1924 under the terms of the 1922 C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court (Ireland)
The High Court () of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies. Structure The High Court is established by Article 34 of the Constitution of Ireland, which grants the court "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President, as Article 35 dictates. However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charter Of Human Rights And Freedoms
The ''Charter of Human Rights and Freedoms'' (, ), also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe, coming into effect on June 28, 1976. Introduced by the Liberal government of Robert Bourassa, the Charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson. The Charter recognizes that every person on the territory of Quebec is equal in value and in dignity. Since the Charter aims to guarantee human rights and to harmonize the relations between citizens, and between citizens and institutions, the Charter binds the state (legislature, executive, administrative) and applies to private law relations (between persons). The Charter also establishes the '' Commission des droits de la personne et des droits de la jeunesse'' (Human Rights and Youth Rights Commission, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Law
Quebec law is unique in Canada because Quebec is the only province in Canada to have a juridical legal system under which private law (including civil) matters are operate by French-heritage civil law. Public law (including criminal law) operate according to Canadian common law. Quebec law is under the shared responsibility of the federal government and the provincial government. According to the Constitution of Canada, these two governments are each responsible for enacting law when it falls under their sphere of competence. As such, the federal government is responsible for criminal law, foreign affairs, commerce, interprovincial transportation, and telecommunications. The provincial government is responsible for property, family law, contract law, natural resources, the administration of justice and several social domains, such as social assistance, healthcare, education. A few areas such as immigration and agriculture have shared jurisdiction. The four classic sources of l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA; ) is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The court was created on May 30, 1849, as the Court of Queen's Bench () – or Court of King's Bench () depending on the gender of the current monarch serving as head of state first of the United Kingdom, then of Canada. The court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the ''Criminal Code'', someone wishing to appeal a decision of either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the amount in dispute is at least $60,000 in dispute to be heard. The Court of Appeal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prejudice (legal Procedure)
''Prejudice'' is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, ''prejudice'' differs from the more common use of the word and so the term has specific technical meanings. Two of the most common applications of the word are as part of the terms ''with prejudice'' and ''without prejudice''. In general, an action taken ''with prejudice'' is final. For example, ''dismissal with prejudice'' forbids a party to refile the case and might occur because the court finds the alleged facts cannot form a valid claim, or due to misconduct on the part of the party that filed the claim or criminal complaint, or as the result of an out-of-court agreement or settlement. Dismissal ''without prejudice'' (Latin: , ) allows the party the option to refile and is often a response to procedural or technical problems with the filing that the party may be able to correct by making a new or amended filing. Etymology The origi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Professional Privilege
In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer. The purpose behind this legal principle is to protect an individual's ability to access the justice system by encouraging complete disclosure to legal advisers without the fear that any disclosure of those communications may prejudice the client in the future. History The common law principle of legal professional privilege is of extremely long standing. The earliest recorded instance of the principle in English case-law dates from 1577 in the case of ''Berd v. Lovelace'' the full report of which states: The principle originated as protection for individuals when accessing the knowledge and legal resources available to a lawyer and was said ... [...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] |
