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Prejudice (law)
''Prejudice'' is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, ''prejudice'' differs from the more common use of the word and so the term has specific technical meanings. Two of the most common applications of the word are as part of the terms ''with prejudice'' and ''without prejudice''. In general, an action taken ''with prejudice'' is final. For example, ''dismissal with prejudice'' forbids a party to refile the case and might occur because the court finds the alleged facts cannot form a valid claim, or due to misconduct on the part of the party that filed the claim or criminal complaint, or as the result of an out-of-court agreement or settlement. Dismissal ''without prejudice'' (Latin: , ) allows the party the option to refile and is often a response to procedural or technical problems with the filing that the party may be able to correct by making a new or amended filing. Etymology The origi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Finality (law)
Finality, in law, is the concept that certain disputes must achieve a resolution from which no further appeal may be taken and from which no collateral proceedings may be permitted to disturb that resolution. For example, in some jurisdictions, such as the state of New York, those convicted of a crime may not sue their defence attorney for incompetence or legal malpractice if the civil lawsuit would call into question the finality of the criminal conviction.''Carmel v. Lunney'', 70 N.Y.2d 169, 173 (1987); ''Hoffenberg v. Meyers'', 73 F. App’x 515, 516 (2d Cir. 2003). Finality is crucial because otherwise, there would be no certainty as to the meaning of the law or the outcome of any legal process. The principle is an aspect of the separation of powers, a distinction between the executive and the udicial power. That concept was defined in ''Kable v Director of Public Prosecutions (NSW)'' in which a court stated that unless orders were valid until set aside, "the exercise of judici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First-tier Tribunal
The First-tier Tribunal is a first-instance general tribunal in the United Kingdom. It was created in 2008 as part of a programme, enacted in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of 20 previously existing tribunals. It is administered by His Majesty's Courts and Tribunals Service. Appeals from it lie to the Upper Tribunal, the second part of the 'two-tier system'. Chambers and jurisdiction The tribunal currently consists of seven chambers, structured around subject areas (although the General Regulatory Chamber has a very broad remit). The chambers may be divided into sections, mirroring the jurisdictions inherited from the tribunals which have been merged into the First-tier Tribunal. Different jurisdictions have been transferred into the tribunal in a programme which began in 2008 and is continuing. Judiciary The judiciary of the First-tier Tribunal comprises tribunal judges and othe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Information Act 2000
The Freedom of Information Act 2000 (c. 36) is an Act of the Parliament of the United Kingdom that creates a public right of access to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level. Its application is limited in Scotland (which has its own freedom of information legislation) to UK Government offices located in Scotland. The Act implements a manifesto commitment of the Labour Party in the 1997 general election, developed by David Clark as a 1997 White Paper. The final version of the Act was criticised by freedom of information campaigners as a diluted form of what had been proposed in the White Paper. The full provisions of the act came into force on 1 January 2005. The Act was the responsibility of the Lord Chancellor's Department (now renamed the Ministry of Justice). However, freedom of information policy is now the responsibility of the Cabinet Office. The Act led to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Calderbank V Calderbank
''Calderbank v Calderbank'' 976Fam 93, 9753 All ER 333 (EWCA); was an English Court of Appeal decision establishing the concept of a "Calderbank Offer". A "Calderbank Offer" can often be identified by the disclaimer " without prejudice, save as to costs". Facts After a marriage of 17 years, Mr and Mrs Calderbank separated and filed for divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ..., which was duly granted. However substantial difficulties arose regarding the division of the matrimonial assets of £78,000, resulting from the £80,000 Mrs Calderbank had previously inherited during the relationship from the estates from the death of both her parents. Complicating matters further, the matrimonial home was registered under only Mr Calderbank's name (for fiscal reasons), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Costs
Court costs (also called law costs in English procedure) are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit in addition to the costs of the court itself. In the United States, "court costs" (such as filing fees, copying and postage) are differentiated from attorney's fees, which are the hourly rates paid to attorneys for their work in a case. Court costs can reach very high amounts, often far beyond the actual monetary worth of a case. Cases are known in which one party won the case, but lost more than the monetary worth in court costs. Court costs may be awarded to one or both parties in a lawsuit, or they may be waived. In the United Kingdom, Australia and Canada, the losing side is usually ordered to pay the winning side's costs. This acts as a significant disincentive to bringing forward court cases. Usually, the winning party is not able to recover from the losing party the full amount of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Policy
Public policy is an institutionalized proposal or a Group decision-making, decided set of elements like laws, regulations, guidelines, and actions to Problem solving, solve or address relevant and problematic social issues, guided by a conception and often implemented by programs. These policies govern and include various aspects of life such as education, health care, employment, finance, economics, transportation, and all over elements of society. The implementation of public policy is known as public administration. Public policy can be considered the sum of a government's direct and indirect activities and has been conceptualized in a variety of ways. They are created and/or enacted on behalf of the public, typically by a government. Sometimes they are made by Non-state actors or are made in Co-production (public services), co-production with communities or citizens, which can include potential experts, scientists, engineers and stakeholders or scientific data, or sometimes u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for Impeachment in the United Kingdom, impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In Appellate Jurisdiction Act 1876, 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lord of Appeal in Ordinary, Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and the use of special courts for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privilege (evidence)
In the law of evidence, a privilege is a rule of evidence that allows the holder of the privilege to refuse to disclose information or provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding. There are many such privileges recognised by the judicial system, some stemming from the common law and others from statute law. Each privilege has its own rules, which often vary between jurisdictions. Types One well-known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. The rationale is that clients ought to be able to communicate freely with their lawyers, in order to facilitate the proper functioning of the legal system. Other common forms include privilege agains ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Settlement (litigation)
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. A collective settlement is a settlement of multiple similar legal cases. The term also has other meanings in the context of law. Structured settlements provide for future periodic payments, instead of a one time cash payment. Basis A settlement, as well as dealing with the dispute between the parties is a contract between those parties, and is one possible (and common) result when parties sue (or contemplate so doing) each other in civil proceedings. The plaintiffs and defendants identified in the lawsuit can end the dispute between themselves without a trial. The contract is based upon the bargain that a party forgoes its ability to sue (if it has not sued already), or to continue with the claim (if the plaintiff has sued), in return for the certainty written into the settlement. The courts will enforce the settlement. If it is breached, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wolters Kluwer
Wolters Kluwer N.V. is a Dutch information services company. The company serves legal, business, tax, accounting, finance, audit, risk, compliance, and healthcare markets. Wolters Kluwer in its current form was founded in 1987 with a merger between Kluwer Publishers and Wolters Samsom. It operates in over 150 countries. The company is headquartered in Alphen aan den Rijn, Netherlands (Global). History Early history Jan-Berend Wolters founded the Schoolbook publishing house in Groningen, Netherlands, in 1836. In 1858, the Noordhoff publishing house was founded alongside the Schoolbook publishing house. The two publishing houses merged in 1968. Wolters-Noordhoff merged with Information and Communications Union (ICU) in 1972 and took the name ICU. ICU acquired Croner in 1977, ICU changed its name to Wolters-Samsom in 1983. The company began serving foreign law firms and multinational companies in China in 1985. In 1987, Elsevier, the largest publishing house in the Netherlands, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Merit (law)
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