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English Civil Procedure
The rules of civil procedure in England and Wales that govern the conduct of litigation in the civil courts of England and Wales, civil courts primarily stem from the Civil Procedure Rules adopted in 1999 as part of the Woolf Reforms, but also from the accompanying Practice Directions, other legislation and case law. The rules that apply differ depending on the type of claim, but ultimately govern the entire cycle of a case before the courts, including the steps that must be undertaken before the claim is issued, Service of process, service to the other parties, allocation of the case to the different tracks, adding or substituting parties to a claim, default judgment, summary judgment, striking out all or part of a claim, and disclosure of evidence. The rules also deal with how hearings are conducted both pre-trial and at trial, as well as the remedies (both interim and final) that the court can grant, how they are enforced or appealed, and the assessment of costs. Court structu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Courts Of England And Wales
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the Civil law (common law), civil and Criminal law, criminal courts responsible for the administration of justice in England and Wales. Except in constitutional matters, committed to the Supreme Court of the United Kingdom, the United Kingdom does not generally have a single unified legal system—England and Wales have one system, Courts of Scotland, Scotland another, and Courts of Northern Ireland, Northern Ireland a third. There are additional exceptions to this rule; for example, in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law, there is a single system of employment tribunals for England, Wales, and Scotland but not Northern Ireland. Additionally, the Military Courts of the United Kingdom, Military Court Service has jurisdiction over all members of the armed forces of the United Ki ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In 2008, some courts required some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and acquisit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Civil Law
The rules of civil procedure in England and Wales that govern the conduct of litigation in the civil courts primarily stem from the Civil Procedure Rules adopted in 1999 as part of the Woolf Reforms, but also from the accompanying Practice Directions, other legislation and case law. The rules that apply differ depending on the type of claim, but ultimately govern the entire cycle of a case before the courts, including the steps that must be undertaken before the claim is issued, service to the other parties, allocation of the case to the different tracks, adding or substituting parties to a claim, default judgment, summary judgment, striking out all or part of a claim, and disclosure of evidence. The rules also deal with how hearings are conducted both pre-trial and at trial, as well as the remedies (both interim and final) that the court can grant, how they are enforced or appealed, and the assessment of costs. Court structure The three tracks All defended cases are allocate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witnesses
In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial (law), trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a Criminal procedure, criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly Affirmation in law, affirm to testify truthfully under penalty of perjury. Although informally a witness includes whoever perceived the event, in l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Of England And Wales
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in the County Court and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary. By statute, judges are guaranteed continuing judicial independence. There have been multiple calls from both Welsh academics and politicians, however, for a distinct Welsh criminal justice system. The following is a list of the various types of judges who sit in the courts of England and Wales: Lord Chief Justice and Lord Chancellor Since 3 April 200 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a Court order, ruling in the Case law, case based on their Judicial interpretation, interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an in open court, open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ult ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil legal liability, liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely Mitigation, mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claim (legal)
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery (tort), battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. Pleading To pursue a cause of action, a plaintiff pleading, pleads or allegation, alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the legal remedy, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Limitation Periods In The United Kingdom
In the United Kingdom, there are time limits after which court actions cannot be taken in certain types of cases. These differ across the three legal systems in the United Kingdom. The United Kingdom has no statute of limitations for any criminal offence tried above magistrate level. Civil England and Wales Limitation was first brought in by Henry VIII, in the ( 32 Hen. 8. c. 2). In modern times, the key piece of legislation relating to civil claims in England and Wales is the Limitation Act 1980, which identifies the time limits for various types of cases. Debt If a lender allows six years to pass without receiving any payment, an action for recovery may become statute-barred. Injury The general time limit for injury litigation is three years, with multiple exceptions and special cases. The statute of limitations for injuries to children only starts at the age of eighteen. The statute of limitations for brain damage begins only when the victim has been medically acknowl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Defamation Law
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation. English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual in a manner which causes them loss in their trade or profession, or damages their reputation. Allowable defences are justification, honest opinion (previously known as fair comment), and privi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patents
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Procedure Rules
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Court in civil cases in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 is the statutory instrument listing the rules. The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. As a consequence of this, many former, older legal terms were replaced with "plain English" equivalents, such as "claimant" for "plaintiff" and "witness summons" for "subpoena". Unlike the previous rules of civil procedure, the CPR commence with a statement of their "overriding objective", both to aid in the application of specific provisions and to guide behaviour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
