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Judicial-appointment Eligibility Condition
The Tribunals, Courts and Enforcement Act 2007 (c. 15) is an Act of Parliament (UK), act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures. Part 1 provides a scheme for radical overhaul of the tribunal system in the UK, creating a new unified structure with two new tribunals to embrace the former fragmented scheme, along with a Senior President of Tribunals. Part 2 defines new criteria for appointment as a judge, generally reducing the length of experience required with the aim of increasing diversity (politics), diversity in the judiciary. Part 3 creates a new system of taking control of goods in order to enforce Legal judgment, judgments and abolishes ancient common law writs and remedy (law), remedies such as ''fieri facias'', ''replevin'' and distraint, distress for rent. It introduces a modern system of 'certified enforceme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Short Title
In certain jurisdictions, including the United Kingdom and other Westminster system, Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of act of Congress, Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be Legal citation, cited. I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diversity (politics)
Diversity within groups is a key concept in sociology and political science that refers to the degree of difference along socially significant identifying features among the members of a purposefully defined group, such as any group differences in racial or ethnic classifications, age, gender, religion, philosophy, politics, culture, language, physical abilities, socioeconomic background, sexual orientation, gender identity, intelligence, physical health, mental health, genetic attributes, personality, behavior, or attractiveness. When measuring human diversity, a diversity index exemplifies the likelihood that two randomly selected residents have different ethnicities. If all residents are of the same ethnic group it is zero by definition. If half are from one group and half from another, it is 50. The diversity index does not take into account the willingness of individuals to cooperate with those of other ethnicities. International human rights The Convention on the Ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antiquities
Antiquities are objects from antiquity, especially the civilizations of the Mediterranean such as the Classical antiquity of Greece and Rome, Ancient Egypt, and the other Ancient Near Eastern cultures such as Ancient Persia (Iran). Artifacts from earlier periods such as the Mesolithic, and other civilizations from Asia and elsewhere may also be covered by the term. The phenomenon of giving a high value to ancient artifacts is found in other cultures, notably China, where Chinese ritual bronzes, three to two thousand years old, have been avidly collected and imitated for centuries, and the Pre-Columbian cultures of Mesoamerica, where in particular the artifacts of the earliest Olmec civilization are found reburied in significant sites of later cultures up to the Spanish Conquest. A person who studies antiquities, as opposed to just collecting them, is often called an antiquarian. Definition The definition of the term is not always precise, and institutional definitions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Exclusion
Social exclusion or social marginalisation is the social disadvantage and relegation to the fringe of society. It is a term that has been used widely in Europe and was first used in France in the late 20th century. In the EU context, the European Commission defines it as ''"a situation whereby a person is prevented (or excluded) from contributing to and benefiting from economic and social progress"''. It is used across disciplines including education, sociology, psychology, healthcare, politics and economics. Social exclusion is the process in which individuals are blocked from (or denied full access to) various rights, opportunities and resources that are normally available to members of a different group, and which are fundamental to social integration and observance of human rights within that particular group (e.g. due process). Alienation or disenfranchisement resulting from social exclusion can be connected to a person's social class, race, skin color, religious aff ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insolvency
In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet insolvency. Cash-flow insolvency is when a person or company has enough assets to pay what is owed, but does not have the appropriate form of payment. For example, a person may own a large house and a valuable car, but not have enough liquid assets to pay a debt when it falls due. Cash-flow insolvency can usually be resolved by negotiation. For example, the bill collector may wait until the car is sold and the debtor agrees to pay a penalty. Balance-sheet insolvency is when a person or company does not have enough assets to pay all of their debts. The person or company might enter bankruptcy, but not necessarily. Once a loss is accepted by all parties, negotiation is often able to resolve the situation without bankruptcy. A company ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charging Order
A charging order, in English law, is an order obtained from a court or judge by a judgment creditor, by which the property of the judgment debtor in any stocks or funds or shares in a limited liability company or land stands charged with the payment of the amount for which judgment shall have been recovered, with interest and costs. History Before the advent of the charging order, a creditor pursuing a partner in a partnership was able to obtain from the court a writ of execution directly against the partnership's assets, which led to the seizure of such assets by the sheriff. This result was possible because the partnership itself was not treated as a juridical person, but simply as an aggregate of its partners. The seizure of partnership assets was usually carried out by the sheriff, who would go down to the partnership's place of business and shut it down. That caused the non-debtor partners to suffer financial losses, sometimes on par with the debtor partner, and the proce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attachment Of Earnings
Attachment of earnings is a legal process in civil litigation by which a defendant's wages or other earnings are taken to pay for a debt. This collections process is used in the common law system, especially Britain and the United States, but in other legal regimes as well. '' Ballentine's Law Dictionary'' notes that this process is not literal, whereby a "person's property is figuratively brought into the court." United Kingdom In England, an attachment of earning order can stop money being paid to a defendant. Under English law, somebody who is self-employed, unemployed, or a member of the armed forces cannot have an attachment against them. In England, the District Council can attach earnings. United States At present four U.S. states — North Carolina, Pennsylvania, South Carolina and Texas — do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods ( chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distraint was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets (by either seizure or distraint) without a cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Replevin
Replevin () or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevin" is of Anglo-Norman origin and is the noun form of the verb "replevy". This comes from the Old French , derived from ("to pledge"), which is derived from the Latin ("to redeem a thing taken by another"). Nature In ''The Law of Torts'', John Fleming has written: In common law, several types of action existed with respect to deprivation of possession (being subdivided into the wrongful taking of chattels and the unjust detention of them, even where the original taking was lawful): * In the case of wrongful taking: ** A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature of a redelivery of the pledge or the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fieri Facias
A ''fieri facias'', usually abbreviated ''fi. fa.'' (Latin for ''that you cause to be made''), is a writ of execution after judgment obtained in a legal action for debt or damages for the sheriff to levy on goods of the judgment debtor. The term is used in English law for such a writ issued in the High Court. Some jurisdictions in the United States also employ this writ, such as the Commonwealth of Virginia. England and Wales It is addressed to the sheriff or High Court enforcement officer, and commands him to make good the amount out of the goods of the person against whom judgment has been obtained. ''Fieri facias'' writs could be obtained in England and Wales to enforce judgment debts (both High Court and County Court) in excess of £600. In April 2014, the writ was renamed a writ of control as part of the Tribunals, Courts and Enforcement Act 2007. (The exception being ''fieri facias de bonis ecclesiasticis'', which concerns seizure of ecclesiastical property.) This wr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remedy (law)
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In international human rights law, there is a right to an effective remedy. In the legal system of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 common types of writs, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the Feudalism in England, feudal era, a military summons by the king to one of his tenant-in-chief, tenants-in-chief to appear dressed for battle with retinue at a specific place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General of Canada, Governor General and, in Australia, by the Governor-General of Australia, Governor-General for elections for the House of Representatives, or state gove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
