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Inherent Jurisdiction
Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal. The term is also used when a governmental institution derives its jurisdiction from a fundamental governing instrument such as a constitution. In the English case of ''Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd'', Lord Diplock described the court's inherent jurisdiction as a general power to control its own procedure so as to prevent its being used to achieve injustice. Inherent jurisdiction appears to apply to an almost limitless set of circumstances. There are four general categories for use of the court's inherent jurisdiction:{{cn, date=May 2022 #to ensure convenience and fairness in legal proceedings; #to prevent steps being taken that would render judicial proceedings inefficaci ...
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England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It shares Anglo-Scottish border, a land border with Scotland to the north and England–Wales border, another land border with Wales to the west, and is otherwise surrounded by the North Sea to the east, the English Channel to the south, the Celtic Sea to the south-west, and the Irish Sea to the west. Continental Europe lies to the south-east, and Ireland to the west. At the 2021 United Kingdom census, 2021 census, the population was 56,490,048. London is both List of urban areas in the United Kingdom, the largest city and the Capital city, capital. The area now called England was first inhabited by modern humans during the Upper Paleolithic. It takes its name from the Angles (tribe), Angles, a Germanic peoples, Germanic tribe who settled du ...
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Rules Of 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 their own ...
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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 ...
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Courts Of England And Wales
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and 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, Scotland another, and 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 Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to offences against military law. The Court of Appeal, the High Court, the Crown Court, the County ...
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Court System Of Canada
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial. The Constitution of Canada gives the federal Parliament of Canada exclusive jurisdiction in criminal law, while the provinces have exclusive control over much of civil law. Each province has authority over the administration of justice within that province. Most cases are heard in provincial and territorial courts. Provincial and territorial superior courts have inherent jurisdiction over civil and criminal cases. Provincial and territorial lower courts try most criminal offences, small civil claims, and some family matters. The smaller federal court system consists of the Federal Court, Federal Court of Appeal, and Tax Court. There are also the courts martial, for military offences, with ...
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Lieutenant Governor Of Nova Scotia
The lieutenant governor of Nova Scotia () is the representative in Nova Scotia of the monarch, who Monarchy in Nova Scotia, operates distinctly within the province but is also shared equally with the Canadian federalism, ten other jurisdictions of Canada. The lieutenant governor of Nova Scotia is appointed in the same manner as Lieutenant governor (Canada), the other provincial viceroys in Canada and is similarly tasked with carrying out most of the monarch's constitutional and ceremonial duties. The 34th and current lieutenant governor of Nova Scotia is Michael Savage (politician), Mike Savage, who has served in the role since 13 December 2024. Role and presence The lieutenant governor of Nova Scotia is vested with Lieutenant governor (Canada)#Constitutional, a number of governmental duties and is also expected to undertake Lieutenant governor (Canada)#Ceremonial, various ceremonial roles. For instance, the lieutenant governor acts as patron, honorary president, or an honorary me ...
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Attorney General Of Nova Scotia
The Executive Council of Nova Scotia (informally and more commonly, the Cabinet of Nova Scotia) is the cabinet of the Canadian province of Nova Scotia. Almost always made up of members of the Nova Scotia House of Assembly, the cabinet is similar in structure and role to the federal Canadian cabinet, though smaller in size with different portfolios. The Lieutenant Governor of Nova Scotia, as representative of the King in Right of Nova Scotia, heads the executive council, and is referred to as the Governor-in-Council. Other members are selected by the Premier of Nova Scotia and appointed by the Lieutenant-Governor. Most cabinet ministers are the head of a department, but this is not always the case. Honorifics Since 2007, former Executive Councillors are automatically appointed honorary members of the Executive Council and styled "the Honourable" with the post-nominal letters “ECNS” for life upon leaving office. In 2009, this right was extended to all living former Exe ...
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Judicature Act
Judicature Act is a term which was used in the United Kingdom for legislation which related to the Supreme Court of Judicature. List United Kingdom :The Supreme Court of Judicature Act 1873 ( 36 & 37 Vict. c. 66) :The Supreme Court of Judicature Act 1875 ( 38 & 39 Vict. c. 77) :The Appellate Jurisdiction Act 1876 ( 39 & 40 Vict. c. 59) :The Supreme Court of Judicature Act 1877 ( 40 & 41 Vict. c. 9) :The Supreme Court of Judicature (Officers) Act 1879 ( 42 & 43 Vict. c. 78) :The Supreme Court of Judicature Act 1881 ( 44 & 45 Vict. c. 68) :The Supreme Court of Judicature Act 1884 ( 47 & 48 Vict. c. 61) :The Appellate Jurisdiction Act 1887 ( 50 & 51 Vict. c. 70) :The Supreme Court of Judicature Act 1890 ( 53 & 54 Vict. c. 44) :The Supreme Court of Judicature (London Clauses) Act 1891 ( 54 & 55 Vict. c. 14) :The Supreme Court of Judicature Act 1891 ( 54 & 55 Vict. c. 53) :The Supreme Court of Judicature (Procedure) Act 1894 ( 57 & 58 Vict. c. 16) The Judicature Acts The Judic ...
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Nova Scotia Court Of Appeal
The Court of Appeal for Nova Scotia (Nova Scotia Court of Appeal or NSCA) is the highest appeal court in the province of Nova Scotia, Canada. There are currently 8 judicial seats including one assigned to the Chief Justice of Nova Scotia. At any given time there may be one or more additional justices who sit as supernumerary justices. The court sits in Halifax, which is the capital of Nova Scotia. Cases are heard by a panel of three judges. They publish approximately 80 cases each year. History The Court of Appeal was established on 30 January 1993. From 1966 to 1993, appeals pursuant to Supreme Court cases were heard by the Appellate Division of the Supreme Court and, prior to 1966, by a panel of Supreme Court judges sitting ''en banc''. The Chief Justice of the Court of Appeal is the Chief Justice of Nova Scotia. Prior to the establishment of the Court of Appeal, the Chief Justice was the Chief Justice of the Appeal Division (1966–1993) and, before 1966, of the Supreme Court. ...
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Supreme Court Of Nova Scotia
The Nova Scotia Supreme Court is a superior court in the province of Nova Scotia. The Supreme Court consists of 25 judicial seats including the position of Chief Justice and Associate Chief Justice. At any given time there may be one or more additional justices who sit as supernumerary justices. The justices sit in 18 different locations around the province. Jurisdiction As with all superior courts across the country, the court is said to have inherent jurisdiction. It hears civil and criminal trials. The criminal trials can be judge alone or judge and jury. The court will also hear appeals from the provincial court, small claims court, Family court, and various provincial tribunals. Appeals of Supreme Court decisions are then made to the Nova Scotia Court of Appeal. History While the first court administering the Common Law was established in Annapolis Royal in 1721, the creation of a Supreme Court took place on October 21, 1754, several years before the Province was grant ...
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Nova Scotia
Nova Scotia is a Provinces and territories of Canada, province of Canada, located on its east coast. It is one of the three Maritime Canada, Maritime provinces and Population of Canada by province and territory, most populous province in Atlantic Canada, with an estimated population of over 1 million as of 2024; it is also the second-most densely populated province in Canada, and second-smallest province by area. The province comprises the Nova Scotia peninsula and Cape Breton Island, as well as 3,800 other coastal islands. The province is connected to the rest of Canada by the Isthmus of Chignecto, on which the province's land border with New Brunswick is located. Nova Scotia's Capital city, capital and largest municipality is Halifax, Nova Scotia, Halifax, which is home to over 45% of the province's population as of the 2021 Canadian census, 2021 census. Halifax is the List of census metropolitan areas and agglomerations in Canada, twelfth-largest census metropolitan area in ...
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Lieutenant Governor Of Ontario
The lieutenant governor of Ontario (, in French: ''Lieutenant-gouverneur'' (if male) or ''Lieutenante-gouverneure'' (if female) ''de l'Ontario'') is the representative in Ontario of the monarch, who operates distinctly within the province but is also shared equally with the ten other jurisdictions of Canada. The lieutenant governor of Ontario is appointed in the same manner as the other provincial viceroys in Canada and is similarly tasked with carrying out most of the monarch's constitutional and ceremonial duties. The current lieutenant governor of Ontario is Edith Dumont, sworn in on November 14, 2023. Role and presence The lieutenant governor of Ontario is vested with a number of governmental duties and is also expected to undertake various ceremonial roles. For instance, the lieutenant governor acts as patron of certain Ontario institutions, such as the Royal Ontario Museum. Also, the viceroy, themselves a member and Chancellor of the order, will induct deserving in ...
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