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Pleading (England And Wales)
Pleading in England and Wales is covered by the Civil Procedure Rules (CPR). These rules set a high priority on attempts to resolve all matters able to be resolved by the parties, prior to hearing (or trial). The pleadings are contained in various Statements of Case - usually the Claim and any associated Particulars of Claim, the Defence, and an optional reply to the Defence. The Claim, Particulars of Claim, and Defence, are broadly equivalent to the Summons, Complaint and Answer filed in some other jurisdictions). The pleadings set out succinctly the claims made by each side, and their legal basis, and provide a basis to explore the issues in the case. They must specify the basic facts which are alleged, but need not evidence those facts or any extensive legal argument (these are addressed at later stages of the process). Some types of allegation must be expressly stated in the appropriate statement of case, if they will be alleged or relied upon at a later stage. Civil Pr ... [...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] |
Trial
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 to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statements Of Case
Statement or statements may refer to: Common uses *Statement (computer science), the smallest standalone element of an imperative programming language *Statement (logic and semantics), declarative sentence that is either true or false *Statement, a declarative phrase in language (linguistics) *Statement, a North American paper size of 5 1⁄2 in × 8 in (140 mm × 203 mm), also known under various names such as half letter and memo *Financial statement, formal summary of the financial activities of a business, person, or other entity * Mathematical statement, a statement in logic and mathematics * Political statement, any act or nonverbal form of communication that is intended to influence a decision to be made for or by a group *Press statement, written or recorded communication directed at members of the news media * Statement of Special Educational Needs, outlining specific provision needed for a child in England *Witness statement (law), a signed document recording the evidenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summons
A summons (also known in England and Wales as a claim form or plaint note, and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of government (an ''administrative summons'') for various purposes. Judicial summons A judicial summons is served on a person involved in a legal proceeding. Legal action may be in progress against the person, or the person's presence as witness may be required. In the former case, the summons will typically announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a case has been initiated in the issuing court. In some jurisdictions, it may be drafted in legal English difficult for the layman to understand, while several U.S. states expressly require summonses to be drafted in plain English and that they must start with this phrase: "Notice! You have been sued." The summon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Complaint
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading. In Civil Law, a "complaint" is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Answer (law)
In law, an answer was originally a solemn assertion in opposition to someone or something, and thus generally any counter-statement or defense, a reply to a question or response, or objection, or a correct solution of a problem. In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. It may have been preceded by an ''optional'' "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant ''must'' file an answer to the complaint or risk an adverse default judgment. In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court. The pleading in the criminal case, which is entered on the record in open court, is usually either guilty or not guilty. Generally, speaking in private, civil cases there is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mitigation (law)
Mitigation in law is the principle that a party who has suffered loss (from a tort or breach of contract) has to take reasonable action to minimize the amount of the loss suffered. As stated by the Canadian Federal Court of Appeal in ''Redpath Industries Ltd. v. Cisco (The)'', "It is well established that a party who suffers damages as a result of a breach of contract has a duty to mitigate those damages, that is to say that the wrongdoer cannot be called upon to pay for avoidable losses which would result in an increase in the quantum of damages payable to the injured party." The onus on showing a failure to mitigate damages is on the defendant. In the UK, George Leggatt, Lord Leggatt, Lord Leggatt describes the "function of the doctrine of mitigation" as enabling the law Iain Drummond notes that in English law there is no ''duty'' to mitigate loss. Rather, the principle is that "damages will be limited by an assumption that [a plaintiff] has taken reasonable steps in mitigation of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statements Of Case
Statement or statements may refer to: Common uses *Statement (computer science), the smallest standalone element of an imperative programming language *Statement (logic and semantics), declarative sentence that is either true or false *Statement, a declarative phrase in language (linguistics) *Statement, a North American paper size of 5 1⁄2 in × 8 in (140 mm × 203 mm), also known under various names such as half letter and memo *Financial statement, formal summary of the financial activities of a business, person, or other entity * Mathematical statement, a statement in logic and mathematics * Political statement, any act or nonverbal form of communication that is intended to influence a decision to be made for or by a group *Press statement, written or recorded communication directed at members of the news media * Statement of Special Educational Needs, outlining specific provision needed for a child in England *Witness statement (law), a signed document recording the evidenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pleas
In law, a plea is a defendant's response to a criminal charge. A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including ''nolo contendere'' (no contest), no case to answer (in the United Kingdom), or an Alford plea (in the United States). Under common law systems, a defendant who pleads guilty will be convicted if the court accepts the plea. The court will then determine and impose a sentence. Plea bargaining involves discussions between the prosecutor and defendants to reach an agreement for a guilty plea in exchange for a more lenient punishment. In civil law jurisdictions, a confession by the defendant is treated like any other piece of evidence. A full confession does not prevent a full trial or relieve the prosecutor from presenting a case to the court. Types of plea The most common types of plea are "guilty" and "not guilty". In some legal systems pleading guilty can result in a more lenient punishment for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ... [...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] |
Codes Of Civil Procedure
In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication channel or storage in a storage medium. An early example is an invention of language, which enabled a person, through speech, to communicate what they thought, saw, heard, or felt to others. But speech limits the range of communication to the distance a voice can carry and limits the audience to those present when the speech is uttered. The invention of writing, which converted spoken language into visual symbols, extended the range of communication across space and time. The process of encoding converts information from a source into symbols for communication or storage. Decoding is the reverse process, converting code symbols back into a form that the recipient understands, such as English, Spanish, etc. One reason for coding is to e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
