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Advisory Jury
An advisory jury is a group installed by a judge to give him or her an opinion during a trial. Unlike the normal jury, the advisory jury opinion is non-binding, and the judge remains the "final arbitrator of fact and law". In United States Federal Court, a case may be tried by advisory jury in the case of "an action not triable of right by a jury". When a case in federal district court is tried with an advisory jury the court must find the facts specially and state its conclusions of law separately. History The use of an advisory jury is derived from the practice of the Court of Chancery of referring issues of fact to one of the Common Law Courts of Westminster be tried by a jury as a ''feigned issue''. The ''feigned issue'' was to inform the conscience of the court, and could be disregarded by the Chancellor. The ''feigned issue'' was a legal fiction by stating that a wager contract was laid between two parties interested in respectively maintaining the affirmative and the negat ... [...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] |
Westminster Hall
Westminster Hall is a medieval great hall which is part of the Palace of Westminster in London, England. It was erected in 1097 for William II (William Rufus), at which point it was the largest hall in Europe. The building has had various functions over the years, including being used for judicial purposes from the twelfth to the nineteenth centuries. When a joint address is given to the two chambers of the UK Parliament, the House of Commons and House of Lords, the hall is on rare occasions the venue. It is also used for special addresses by Parliament to the Monarch. It was used to host coronation banquets until 1821, and since the twentieth century has been the usual venue for the lyings in state of state and ceremonial funerals. The fabric of the hall is particularly notable for its hammerbeam roof, a form typical of English Gothic architecture which uses horizontal trusses to span large distances. The roof was commissioned for Richard II in 1393 and built by the royal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Legal Terminology
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rule Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. At the time (1934) was adopted, federal courts were generally required to follow the procedural rules of the states in which they sat, but they were free to apply federal common law in cases not governed by a state constitution or state statute. Whether within the intent of Congress or not when adopting 28 U.S.C. 724 (1934), the situation was effectively reversed in 1938, the year the Federal Rul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court
The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one List of United States federal courthouses, federal courthouse in each district, and many districts have more than one. District court decisions are appealed to the United States courts of appeals, U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the United States Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Federal Circuit or directly to the Supreme Court of the United States, U.S. Supreme Court. District courts are courts of common law, law, Court of equity, equity, and Admiralty court, admiralty, and can hear both Civil law (common law), civil and Criminal law, criminal cases. B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Equity Rules
The Federal Equity Rules were rules that governed civil procedure in suits of equity in the federal judiciary of the United States from 1822 until superseded by the Federal Rules of Civil Procedure in 1938. The Rules were established by the United States Supreme Court which was authorized by the United States Congress to make rules governing the form of mesne process, form and mode of proceeding in suits of equity and the power to proscribe form of process, mode of framing and filing of proceedings or pleading and generally regulate the whole process of suits in equity Sets of rules were promulgated in 1822, 1842 (amended in 1850, 1854, 1861, 1864, 1869, 1871, 1875, 1879, 1882, 1890, 1892, 1893 and 1894), and in 1912 (amended in 1924, 1930 and 1932). The 1912 Rules were superseded in 1938 by the Federal Rules of Civil Procedure which were largely based on the 1912 Rules.How Equity Conquered the Common Law: The Federal Rules of Civil Procedure, Stephen N. Subrin, ''University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Field Code
David Dudley Field II (February 13, 1805April 13, 1894) was an American lawyer and law reformer who made major contributions to the development of American civil procedure. His greatest accomplishment was engineering the move away from common law pleading towards code pleading, which culminated in the enactment of the Field Code in 1850 by the state of New York. In 1877, he also served briefly as a U.S. Representative from New York's 7th congressional district. Early life and education Field was born in Haddam, Connecticut on February 13, 1805. He was the oldest of the eight sons and two daughters of the Rev. David Dudley Field I, a Congregational minister and local historian, and Submit Dickenson Field. His brothers included Stephen Johnson Field, a U.S. Supreme Court Justice, Cyrus Field, a prominent businessman and creator of the Atlantic Cable, and Rev. Henry Martyn Field, a prominent clergyman and travel writer. He was also the uncle of U.S. Supreme Court Justice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York (state)
New York, also called New York State, is a U.S. state, state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and the Great Lakes. New York is the List of U.S. states and territories by population, fourth-most populous state in the United States, with nearly 20 million residents, and the List of U.S. states and territories by area, 27th-largest state by area, with a total area of . New York has Geography of New York (state), a varied geography. The southeastern part of the state, known as Downstate New York, Downstate, encompasses New York City, the List of U.S. cities by population, most populous city in the United States; Long Island, with approximately 40% of the state's population, the nation's most populous island; and the cities, suburbs, and wealthy enclaves of the lower Hudson Valley. These areas are the center of the expansive New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gaming Act 1845
The Gaming Act 1845 ( 8 & 9 Vict. c. 109) was an act of the Parliament of the United Kingdom. The act's principal provision was to deem a wager unenforceable as a legal contract. The act received royal assent on 8 August 1845. Sections 17 and 18, though amended, remained in force until 1 September 2007. Background Increasing concern as to the damaging social effects of gambling gave rise to a select committee of the House of Commons whose recommendations were implemented by the act. The policy of the act was to discourage betting. However, following a 2001 report by Sir Alan Budd, in 2002, the UK government accepted that wagers should cease to be unenforceable as contracts, seeking to introduce a new liberalised regulatory regime in order to encourage the gambling industry. Repeals Sections 1 to 9 and 15 and 16 and 19 to 24 and 26, and the first and second schedules, were repealed by Part I of schedule 6 to the Betting and Gaming Act 1960. Sections 10 to 14 and the th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Chancellor
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ranking Great Officers of State (United Kingdom), Great Officer of State in Scotland and England, nominally outranking the Prime Minister of the United Kingdom, prime minister. The lord chancellor is appointed and dismissed by the British monarchy, sovereign on the advice of the prime minister. Prior to the Acts of Union 1707, union of England and Scotland into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland. Likewise, the Lordship of Ireland and its successor states (the Kingdom of Ireland and History of Ireland (1801–1923), United Kingdom of Great Britain and Ireland) maintained the office of Lord Chancellor of Ireland, lord chancellor of Ireland u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
