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Jury Instruction
Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. They are an important procedural step in a trial by jury, and as such are a cornerstone of criminal process in many common law countries. The purpose of instructions are to inform the jury about the legal principles and standards that they must apply in order to reach a verdict. This ensures that criminal trials are fair and lawful. They are typically delivered after closing arguments, but sometimes may be delivered mid-trial if necessary. In some cases, the instructions given by a judge to the jury are incorrect, which may (depending on the issue) result in a mistrial. Content of jury instructions Jury instructions often cover the following issues: *Introduction to the trial process: An overview of the trial process, the roles of the judge, jury, attorneys, and witnesses, and the importance of the jury's role in the legal system. *Explanation of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Trial
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if a bench trial is actually contemplated in a particular case. In general, the availability of a jury trial if properly demanded has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Countries
The contemporary national legal systems are generally based on one of four major legal traditions: civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistrial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Criminal A criminal trial is designed t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal English
Legal English, also known as legalese, is a register of English used in legal writing. It differs from day-to-day spoken English in a variety of ways including the use of specialized vocabulary, syntactic constructions, and set phrases such as legal doublets. Legal English has traditionally been the preserve of lawyers from English-speaking countries (especially the US, the UK, Ireland, Canada, Australia, New Zealand, Kenya, and South Africa) which have shared common law traditions. However, due to the spread of Legal English as the predominant language of international business, as well as its role as a legal language within the European Union, Legal English is now a global phenomenon. Historical development In prehistoric Britain, traditional common law was discussed in the vernacular (see Celtic law). The legal language and legal tradition changed with waves of conquerors over the following centuries. Roman Britain (after the conquest beginning in AD 43) followed Roman leg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jargon
Jargon, or technical language, is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular Context (language use), communicative context and may not be well understood outside that context. The context is usually a particular occupation (that is, a certain trade, profession, vernacular or academic field), but any ingroups and outgroups, ingroup can have jargon. The key characteristic that distinguishes jargon from the rest of a language is its specialized vocabulary, which includes terms and definitions of words that are unique to the context, and terms used in a narrower and more exact sense than when used in colloquial language. This can lead In-group and out-group, outgroups to misunderstand communication attempts. Jargon is sometimes understood as a form of technical slang and then distinguished from the official terminology used in a particular field of activity. The terms ''jargon'', ''slang,'' and ''argot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plain English
Plain English (also referred to as layman's terms) is a mode of writing or speaking the English language intended to be easy to understand regardless of one's familiarity with a given topic. It usually avoids the use of rare words and uncommon euphemisms to explain the subject. Plain English wording is intended to be suitable for almost anyone, and it allows for good understanding to help readers know a topic. It is considered a part of plain language. Etymology The term derives from the 16th-century idiom "in plain English", meaning "in clear, straightforward language" as well as the Latin ''planus'' ("flat"). Another name for the term, layman's terms, is derived from the idiom "wiktionary:in layman's terms, in layman's terms" which refers to language phrased simply enough that a Laity, layman, or common person without expertise on the subject, can understand. History United Kingdom In 1946, writer George Orwell wrote an essay titled, "Politics and the English Language", where he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an international border with the Mexico, Mexican state of Baja California to the south. With almost 40million residents across an area of , it is the List of states and territories of the United States by population, largest state by population and List of U.S. states and territories by area, third-largest by area. Prior to European colonization of the Americas, European colonization, California was one of the most culturally and linguistically diverse areas in pre-Columbian North America. European exploration in the 16th and 17th centuries led to the colonization by the Spanish Empire. The area became a part of Mexico in 1821, following Mexican War of Independence, its successful war for independence, but Mexican Cession, was ceded to the U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Nullification
Jury nullification, also known as jury equity or as a perverse verdict, is a decision by the jury in a trial, criminal trial resulting in a verdict of Acquittal, not guilty even though they think a defendant has broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. It has been commonly used to oppose what jurors perceive as Rule according to higher law, unjust laws, such as those that once penalized runaway slaves under the Fugitive slave laws in the United States, Fugitive Slave Act, prohibited alcohol during Prohibition in the United States, Prohibition, or criminalized Vietnam War draft, draft evasion during the Vietnam War. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anarchy
Anarchy is a form of society without rulers. As a type of stateless society, it is commonly contrasted with states, which are centralized polities that claim a monopoly on violence over a permanent territory. Beyond a lack of government, it can more precisely refer to societies that lack any form of authority or hierarchy. While viewed positively by anarchists, the primary advocates of anarchy, it is viewed negatively by advocates of statism, who see it in terms of social disorder. The word "anarchy" was first defined by Ancient Greek philosophy, which understood it to be a corrupted form of direct democracy, where a majority of people exclusively pursue their own interests. This use of the word made its way into Latin during the Middle Ages, before the concepts of anarchy and democracy were disconnected from each other in the wake of the Atlantic Revolutions. During the Age of Enlightenment, philosophers began to look at anarchy in terms of the "state of nature", a thought ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tyranny
A tyrant (), in the modern English language, English usage of the word, is an autocracy, absolute ruler who is unrestrained by law, or one who has usurper, usurped a legitimate ruler's sovereignty. Often portrayed as cruel, tyrants may defend their positions by resorting to political repression, repressive means. The original Greek term meant an absolute sovereign who came to power without constitutional right, yet the word had a neutral connotation during the Archaic Greece, Archaic and early Classical Greece, Classical periods. However, Greek philosopher Plato saw ''tyrannos'' as a negative form of government, and on account of the decisive influence of philosophy on politics, deemed tyranny the "fourth and worst disorder of a state."Plato, ''The Republic'' Book VIII The philosophers Plato and Aristotle defined a tyrant as a person who rules without law, using extreme and cruel methods against both his own people and others. The ''Encyclopédie'' defined the term as a usu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trier Of Fact
In law, a trier of fact or finder of fact is a person or group who determines disputed issues of fact in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence presented, whether something existed or some event occurred. The factfinder differs by the type of proceeding. In a jury trial, it is the jury; in a non-jury trial, the judge is both the factfinder and the trier of law. In administrative proceedings, the factfinder may be a hearing officer or a hearing body.Law Dictionary: Fact-Finder Accessed 17 November 2008. Juries In a jury trial, a is the trier of fact. The jury finds the facts and applies ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
