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Civil Procedure Code Of The Netherlands
The Dutch Code of Civil Procedure () comprises four books covering topics relating to court civil procedure. The four books cover: * The procedures of the district courts (''Rechtbank''), the superior courts (''Gerechthof''), and the Dutch High Court (''Hoge Raad der Nederlanden'') * Enforcement of judgments, orders, and legislation * Case law * Arbitration Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitrati ... See also * Dutch Civil Code External links Code of Civil Procedure(applicable in case of digital litigation) Code of Civil Procedure(applicable in case of non-digital litigation) Codes of civil procedure Law of the Netherlands {{netherlands-stub ...
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Civil Procedure
Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function. Differences from criminal procedure In most cases, criminal prosecutions are pursued by the state in order to punish offenders, although some systems, such as in English and French law, allow citizens to bring a private prosecution. Conversely, civil actions are initiated by private individuals, companies or organizations, for t ...
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Hoge Raad Der Nederlanden
The Supreme Court of the Netherlands ( or simply ''Hoge Raad''), officially the High Council of the Netherlands, is the final court of appeal in civil, criminal and tax cases in the Netherlands, including Curaçao, Sint Maarten and Aruba. The Court was established on 1 October 1838 and is located in The Hague. The Supreme Court rules on civil and criminal matters. In certain administrative cases it has final jurisdiction as well, while in other cases this jurisdiction rests with the adjudicative division of the Council of State (''Raad van State''), the Central Appeals Tribunal ('), the Trade and Industry Appeals Tribunal (') as well as judicial institutions in the Caribbean part of the Kingdom of the Netherlands. The Court is a court of cassation, which means that it has the competence to quash or affirm rulings of lower courts, but no competence to re-examine or question the facts. It only considers whether the lower courts applied the law correctly and the rulings have ...
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Judgments
Judgement (or judgment) is the evaluation of given circumstances to Decision-making, make a decision. Judgement is also the ability to make considered decisions. In an informal context, a judgement is opinion expressed as fact. In the context of a legal trial, a judgement is a final finding, statement or ruling, based on evidence, rules and precedents, called ''adjudication'' (see Judgment (law)).In the context of psychology, judgment informally references the quality of a person's Mind, cognitive faculties and adjudicational capabilities, typically called ''wisdom''. In formal psychology, judgement and decision making (JDM) is a cognitive process by which individuals reason, make decisions, and form opinions and beliefs. Psychology In cognitive psychology (and related fields like experimental philosophy, social psychology, behavioral economics, or experimental economics), judgement is part of a set of cognitive processes by which individuals reason, make decisions, and form be ...
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Court Order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized. A court order governs each case throughout its entirety. If an individual violates the court order, the judge may hold that person in contempt. Content The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary rules that govern the proceedings. An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi- jurisdictional dispute. It may be a final order (one that concludes the court action ...
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Case Law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Austral ...
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Arbitration
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of Commercial law, commercial disputes, particularly in the context of International commerce, international commercial transactions. In certain countries, such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include Class action waiver, a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensu ...
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Burgerlijk Wetboek
The ''Burgerlijk Wetboek'' (or BW) is the Civil Code of the Netherlands. Early versions were largely based on the Napoleonic Code. The Dutch Civil Code was substantively reformed in 1992. The Code deals with the rights of natural persons (Book 1), legal persons (Book 2), patrimony (Book 3) and succession (Book 4). It also sets out the law of property (e.g., ownership, possession, and security interests) (Book 5), obligations (Book 6) and contracts (Book 7), and conflict of laws (Book 10). Proposed amendments will add a Book on intellectual property. The codification of laws is still being used in Indonesia as a pinnacle of the private laws besides Sharia law and custom laws. The laws initially applied only to Dutch settlers and foreign traders, such as Chinese traders, Indian traders and Arab traders during the Dutch colonial era in Dutch East Indies, but after the independence of Indonesia in 1945, the government decided to retain the old Dutch law, expanded in use to indigenou ...
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Codes Of Civil Procedure
In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication channel or storage in a storage medium. An early example is an invention of language, which enabled a person, through speech, to communicate what they thought, saw, heard, or felt to others. But speech limits the range of communication to the distance a voice can carry and limits the audience to those present when the speech is uttered. The invention of writing, which converted spoken language into visual symbols, extended the range of communication across space and time. The process of encoding converts information from a source into symbols for communication or storage. Decoding is the reverse process, converting code symbols back into a form that the recipient understands, such as English, Spanish, etc. One reason for coding is to e ...
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