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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] |
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] |
Subpoena Ad Testificandum
A ''subpoena ad testificandum'' is a court summons to appear and give oral testimony for use at a hearing or trial. The use of a writ for purposes of compelling testimony originated in the ecclesiastical courts of Church during the High Middle Ages, especially in England. The use of the subpoena writ was gradually adopted over time by civil and criminal courts in England and the European continent. History The subpoena developed as a creative writ, the "writ subpoena", from the Court of Chancery. Writs of many kinds formed the essential parts of litigation. The primary function of a writ in the 13th and 14th centuries was to convey the king's commands to his officers and servants. It was irrelevant what the nature of those commands might be. The Register of Writs shows a large variety of writs to be administrative in nature, as opposed to judicial. These former writs acquired the name prerogative writs in the 17th and 18th centuries. Prerogative writs that have survived i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cornell Law Review
The ''Cornell Law Review'' is the flagship legal journal of Cornell Law School. Originally published in 1915 as the ''Cornell Law Quarterly'', the journal features scholarship in all fields of law. Notably, past issues of the ''Cornell Law Review'' have included articles by Supreme Court justices Robert H. Jackson, John Marshall Harlan II, William O. Douglas, Felix Frankfurter, Ruth Bader Ginsburg, and Amy Coney Barrett. History Cornell Law School first published a law review in June 1894—the first and only issue of the ''Cornell Law Journal''—and again published a law review (the ''New York Law Review'') from January to July 1895. Following these initial efforts, the ''Cornell Law Review'' began its continuous publication in 1915. Until 1966, the ''Cornell Law Review'' published four issues annually and was known as the ''Cornell Law Quarterly''. Six Student Editors were joined by one Faculty Editor, a Business Manager, and an Assistant Business Manager. In the first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ecclesiastical Court
In organized Christianity, an ecclesiastical court, also called court Christian or court spiritual, is any of certain non-adversarial courts conducted by church-approved officials having jurisdiction mainly in spiritual or religious matters. Historically, they interpret or apply canon law. One of its primary bases was the of Justinian, which is also considered the source of the civil law legal tradition. In the United Kingdom, secular courts that took over the functions of the ecclesiastic courts, e.g. in family law, are still known as ''courts ecclesiastical'' as distinct from ''courts temporal''. Medieval courts In the Middle Ages, ecclesiastical courts had much wider powers in many areas of Europe than they did after the development of nation states. They held jurisdiction over not only religious matters, but also family law, equitable relief, probate, and cases involving priests, religious communities, or public heretics. Secular courts in medieval times were numerous and d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adversarial System
The adversarial system (also adversary system, accusatorial system, or accusatory 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 (legal system), 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 procedure, criminal trial courts operate, putting the prosecution against the defense. Basic features Adversarial systems are considered to have three basic features. The first is a neutral decision-maker such as a judge or jury. The second is presentation of evidence in support of each party's case, usually by lawyers. The third is a highly structured procedure. The rules of evi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inquisitorial System
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia (except Hong Kong), Indochina, Thailand, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors or infractions, such as minor traffic violations. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Chancellor
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ranking Great Officers of State (United Kingdom), Great Officer of State in Scotland and England, nominally outranking the Prime Minister of the United Kingdom, prime minister. The lord chancellor is appointed and dismissed by the British monarchy, sovereign on the advice of the prime minister. Prior to the Acts of Union 1707, union of England and Scotland into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland. Likewise, the Lordship of Ireland and its successor states (the Kingdom of Ireland and History of Ireland (1801–1923), United Kingdom of Great Britain and Ireland) maintained the office of Lord Chancellor of Ireland, lord chancellor of Ireland u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross-examination
In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination (known as examination-in-chief in Law of the Republic of Ireland, Ireland, the Law of the United Kingdom, United Kingdom, Australian legal system, Australia, Law of Canada, Canada, Law of South Africa, South Africa, Law of India, India and Law of Pakistan, Pakistan) and may be followed by a Redirect examination, redirect (known as re-examination in the aforementioned countries). A redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Whittlesey
Whittlesey (also Whittlesea) is a market town and civil parish in the Fenland District, Fenland district of Cambridgeshire, England. Whittlesey is east of Peterborough. The population of the parish was 17,667 at the 2021 Census. Toponymy Whittlesey appears in the ''Cartularium Saxonicum'' (973 CE) as 'Witlesig', in the 1086 ''Domesday Book'' as 'Witesie', and in the ''Inquisitio Eliensis''. The meaning is "Wit(t)el's island", deriving from either Witil, "the name of a moneyer", or a diminutive of Witta, a personal name; + "eg", meaning "'island', also used of a piece of firm land in a fen." The official name of the civil parish is 'Whittlesey', which spelling is also used by the Royal Mail and Ordnance Survey. The Whittlesea railway station, town's railway station uses the alternative spelling of 'Whittlesea'. History Before the fens were drained, Whittlesey was an island of dry ground surrounded by them. Excavations of nearby Flag Fen indicate thriving local settlements ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enclosure
Enclosure or inclosure is a term, used in English landownership, that refers to the appropriation of "waste" or "common land", enclosing it, and by doing so depriving commoners of their traditional rights of access and usage. Agreements to enclose land could be either through a formal or informal process. The process could normally be accomplished in three ways. First there was the creation of "closes", taken out of larger common fields by their owners. Secondly, there was enclosure by proprietors, owners who acted together, usually small farmers or squires, leading to the enclosure of whole parishes. Finally there were inclosure act, enclosures by acts of Parliament. The stated justification for enclosure was to improve the efficiency of agriculture. However, there were other motives too, one example being that the value of the land enclosed would be substantially increased. There were social consequences to the policy, with many protests at the removal of rights from the comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Narrative
A narrative, story, or tale is any account of a series of related events or experiences, whether non-fictional (memoir, biography, news report, documentary, travel literature, travelogue, etc.) or fictional (fairy tale, fable, legend, thriller (genre), thriller, novel, etc.). Narratives can be presented through a sequence of written or spoken words, through still or moving images, or through any combination of these. The word derives from the Latin verb ''narrare'' ("to tell"), which is derived from the adjective ''gnarus'' ("knowing or skilled"). Historically preceding the noun, the adjective "narrative" means "characterized by or relating to a story or storytelling". Narrative is expressed in all mediums of human creativity, art, and entertainment, including public speaking, speech, literature, theatre, dance, music and song, comics, journalism, animation, video (including film and television), video games, radio program, radio, game, structured and play (activity), unstructu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dedimus Potestatem
In law, ''dedimus potestatem'' (Latin for "we have given the power") is a writ In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are commo ... whereby commission is given to one or more private persons for the expedition of some act normally performed by a judge. It is also called delegatio. It is granted most commonly upon the suggestion that a party, who is to do something before a judge or in a court, is too weak to travel. The grant has various uses, such as to take a personal answer to a bill in chancery, to examine witnesses, levy a fine, etc. References * * Writs Legal documents with Latin names {{English-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
