...their courts of personnel. I will be determining which courts will deal with the cases and why, which legal personnel's will be involved with the case and why and also the role that each person will play in the proceedings and their responsibilities. Explain the role of civil law – concerned, deals with what Civil court the lowest court is civil structure county court County court deals with what Who is applicant, defendant The roles and responsibilities What track the case is on which track – fast, multi Alternative methods Case study 1: Sam buys a second hand car from a local garage for £5000. Within a month the brakes fail. He takes the car back to the garage 3 times for a repair but the brakes are still not fixed and the garage shop refuses to refund him. Sam wants his money back. The role of the Civil law helps and deals with disputes between 2 private parties of disputes which can cause harm to others. The lowest court of the Civil Court is the Civil Structure County Court. This case is one of many Civil Courts Cases and is left to the County Court for a solution. This Court will be the right one for dealing with this case as it is a widely used court which deals with civil. It is used for mainly tenant disputes, rent arrears, eviction disputes and consumer disputes such as faulty goods and services. This court deals and specializes with financial jurisdiction therefore because this case is about Sam claiming his £5000 back from the defendant this court is perfect...
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...27 to 31 of the Revised Rules of Civil Procedure [Section 22.3]. 3. When discovery procedures are availed of, submit material portions of the discovery proceedings, previously undisclosed documents or facts, and judicial affidavits pertaining to the fruits of the discovery within sixty (60) days from the start of the discovery process [Section 22.3]. B. Judicial Dispute Resolution (“JDR”) 4. Exert efforts to settle the dispute amicably [Section 22.1(a)]. 5. If there is failure of JDR, discuss with the other party or counsel whether you intend the JDR judge to retain the case and preside over further proceedings [Section 22.2]. 6. File a joint written motion or manifestation requesting the court to retain the case, if mutually agreed upon by the parties [Section 22.2]. C. Judicial Affidavits 7. Request for the issuance of a subpoena ad testificandum or duces tecum if your intended witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or provide the relevant documentary and/or object evidence [Section 22.2(d)]. 8. If the court issues a subpoena as requested, personally serve the subpoena upon the intended witness and bear the cost of the expenses of the witness in appearing before the lawyer who will prepare or supervise the preparation of the judicial affidavit [Section 22.2(d)]....
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...ARGUMENTATION The applicant claims that there has been a violation of article 6 of the ECHR, namely, violation of his right to a fair trial. This right has been denied by the refusal of the Court of allowing the cross examination of the anonymous witness regarding the day, when he/she witnessed Mr. Karam transporting weapons to the house on Portobellostraat nr. 40. The applicant would like to highlight the fact he could not establish and confirm his alibi since he was not able to question the witness or at least be informed of the day when the alleged crime happened. During the proceedings of the Court of Appeal of Amsterdam, when the Investigative Judge was interrogated regarding the day when the alleged crime happened, he stated “At the beginning of the interrogation session the witness did not know exactly when the delivery had taken place. Later that day he/she was able to indicate that it had been during the period from 1 July until 7 July 2009. On one single day the interrogations took place first in the case of the co-accused Hendriks and then in the case of the present accused. I cannot now remember exactly all the differences in nuance between the two interrogations. Later that day the witness remembered a number of things more distinctly. Things happened the way I described them in the official record. I have tried to take everything down with as much precision as possible”. The applicant would like to state the fact that from the Investigative...
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...not use these forms or this guide if: The Uncontested Divorce Process in Texas Your divorce is contested* The wife is pregnant. You have a bankruptcy pending. (If you have a pending bankruptcy, talk with a bankruptcy lawyer before filing for divorce.) Neither you nor your spouse has lived in Texas in the last 6 months. Is your divorce contested? -OrIs your divorce uncontested? *Your case is contested when you and your spouse don’t agree about getting the divorce, dividing your property and debts, or what to do with your children. DO NOT USE THESE FORMS or this brochure for a contested divorce. Your case is uncontested when: It is ‘agreed’ – You and your spouse agree about all of the issues in your case. or It is ‘default’ – Your spouse does not file an answer with the Court after being officially served with your divorce paperwork. Table of Contents Basic Information, page 2 Know the Steps, page 3 Legal Notice Chart, page 6 Are you Ready for Court? page 7 Common Questions, page 8 REMEMBER: It is always best to have the advice of a lawyer. The court clerks, librarians, and judges want to help you, but they cannot give you legal advice, help you fill out your forms, or tell you what to do. If you proceed without a lawyer, you will be responsible for protecting yourself. Texas Divorce Brochure © Partnership for Legal Access 12/14/09 Page 1 of 9 Basic Information What is a divorce? A divorce ends your marriage. A divorce decree says who keeps...
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...Section 138 of Negotiable Instruments Act WHAT IS A CHEQUE? (Section 6) A “cheque” is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form. This expression includes “a cheque in the electronic form” and “a truncated cheque”. WHAT IS AN E-CHEQUE? Electronic cheque (e-cheque) is the image of a normal paper cheque generated, written and signed in a secure system using digital signature and asymmetric crypto system. An electronic cheque is nothing more than an ordinary cheque produced on a computer system and instead of signing it in ink, it is signed using the digital equivalent of ink. After the coming into force of The Negotiable Instruments (Amendment And Miscellaneous Provisions) Act, 2002, legal recognition has been accorded to e-cheques and they have been brought at par with the normal cheques. Now, a ‘cheque’ includes an echeque. SECTION 138 Section 138 Negotiable Instruments Act comes into force for Dishonour of cheque for insufficiency, etc., of funds in the account: The Section states: Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the...
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...REPORT ON COURT ROOM OBSERVATION. This report is based on my observations carried out in two Courts in England and Wales precisely in Manchester. The report is in two parts, one on civil jurisdiction and the other one on criminal jurisdiction. This visit has afforded me the opportunity of witnessing “law in action” different from “law in books”. I have also been able to compare both the civil and criminal process and proceedings. The two courts I visited are both in Manchester. The Crown court I visited is situated in an old building commissioned years ago whereas the magistrate court is situated in an ultra modern building commissioned not too long ago. I have read books and journals enumerating the differences between the judges and magistrates. This court room observation has given me he on the sport assessment of the differences between the two courts and many other questions that I will be addressing in the course of this report… As we were advised, my first visit to the courts (Magistrate and Crown Courts) was to find out about the time and the cases. I discovered that youth cases and family are not opened to the public and at this point, I was able to decide on the dates to attend the courts and the types of cases to observe. “The Magistrates’ courts are purely the courts of first instance”. The Magistrates in England and Wales are lay men without the knowledge of law and they are also referred to as “Justices of the Peace” but they are assisted by a Justice’ clerk...
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...On Friday, April, 4, 2014, I observed the Vanderburgh County Superior Court to observe different family law cases. The cases I heard involved contempt of court for failing to pay child support, failure to appear for a court appointed drug test, birth certificate affidavit, request for contest hearing time, and an issue of paternity case. Magistrate Judge Sheila M. Corcoran was presiding over the family court hearings. When entering the courthouse, I was greeted by security and advised to remove any cell phones, and/or, any other items that would trigger a metal detector. After this, I proceeded straight to look for the family courtroom. After roaming around mindlessly for a couple minutes, I decided to ask the courthouse officer monitoring the entrance with the metal detector to point me in the direction of the family courtroom. With no hesitation, she pointed me toward two big wooden doors. After entering the courtroom, I found a seat immediately. The waiting area was crowded. The persons awaiting their scheduled hearing time were dressed in mostly jeans. Each party, along with their attorney, arrive no later than 30 minutes prior to their scheduled hearing times. I imagined the courtroom would be bigger after visiting the Hamilton County court last year. To my surprise, this court room was much smaller. The judge was, of course, seated at the front of the courtroom, and to her right was the court reporter. I could not see the reporter’s face from where I was seated because...
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...Business (L-501) IBA Submitted by Apon DasRahman Saihad Shahid | 0306 | Institute of Business Administration University of Dhaka Date: 03-07-2012 Date: 03.07.2012 Barrister M. Zillur Rahman Course Teacher Legal Environment of Business (L-501) Institute of Business Administration University of Dhaka Dear Sir: Subject: SUBMISSION OF GROUP TERM PAPER Here is the report on “An Overview of Bangladesh Legal System with Special Reference to Criminal Justice Administration System”. This report mainly gives an overview of the legal system of Bangladesh and its history. The report gives special focus on the criminal procedures and systems used in Bangladesh. Moreover, the report also analyses two real life criminal cases with the help from the theories and techniques learned from the Legal Environment of Business Course. We would like to thank our Course teacher Mr. Zillur Rahman for giving us the support and opportunity to write this report. It has been an honor and a privilege. Sincerely Yours, ________________ Apon Das (Roll 03) __________________________ Rahman Saihad Shahid (Roll 06) Contents Executive Summary vii 1.0 Introduction 1 1.1 Authorization 1 1.2 Problem and Purpose 1 1.3 Objectives 1 1.4 Literature Review 2 1.5 Methodology 4 1.6 Scope 4 1.7 Limitation 4 1.8 Report Organization 5 2.0 Research Findings 6 2.1 Definition of Law: 6 2.2 Overview of the Bangladesh Legal System 6 2.2.1 Sources of Law 7 ...
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...solution is that judges need to be more managed by the Supreme Court, rotated or moved in and out of the job every two years or removed from the position altogether. Family Law Family law is a very complex and diverse legal part of the entire legal field. Family law courts handle cases of divorce, annulment, separate maintenance, paternity, grandparent visitation, allocation of custodial parents (non-married parents), child support, domestic violence; anything involving family support proceedings except abuse and neglect cases. In West Virginia there are 45 judges for each 27 circuits, usually amounts to one judge per county unless it is a large county in which there will be 2-3 judges or a small county which one judge will be assigned for two counties (Courtswv, 2010). Rules of civil procedure apply to all parties including attorneys and/or non-represented persons. All orders are public record but all pleadings, recordings, exhibits, transcripts or other documents contained in the court file will not be available for public inspection except by the involved parties, their attorney’s and/or Guardian Ad Litem’s in the case. (WVCode 49-7-1, 2012). Guardian Ad Litem’s are state appointed attorney’s to represent the children and their best interest (WV Code 37 - 1 - 3, 2012). The presiding judge can inspect and open any case file pending before them at any time they need to. The only way for a confidential case to be opened is if the subjects...
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...Forum Two – Justice Sandra Day Supreme Court Justice Sandra Day O’Connor born in 1930 in Arizona, educated in Stanford, nominated by President Ronald Reagan and confirmed by the Senate by a 99-0 vote in 1981. Justice O’Connor was an essential share of the most significant decisions of the twentieth century, issues of affirmative action, abortion, Federalism and separation of church and state to name a few. New York Time Columnist summed her impact on the Court as, “ We are all living in now in Sandra Day O’Connor’s America” was reported by New York Times columnist, Jeffery Rosen (Segall 2006, 108). Justice O’Connor rose from job as secretary to the first female Supreme Court Justice of the United States of America (Stevens 2006, 99). However, It is disingenuous to claim Justice Sandra Day O’Connor as just the first female Supreme Court Justice with the impact she left upon the Court and America. The late Chief Justice Rehnquist once stated, “...
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...1: WORKING CONDITIONS ..........................................................................................1 1.1 WAGES...............................................................................................................................4 1.1.1 Definition ................................................................................................................. 4 1.1.2 Persons responsible for the payment of wages ........................................................ 5 1.1.3 Fixation of wage periods and time of payment of wages ......................................... 5 1.1.4 Deductions from the wages ...................................................................................... 6 1.1.5 Grievance procedure in case of illegal deductions or delay in payment ................. 6 1.2 WORKING HOURS AND LEAVES ...............................................................................8 1.2.1 Daily hours............................................................................................................... 8 1.2.2 Interval for rest and meal* ...................................................................................... 8 1.2.3 Weekly hours** ........................................................................................................ 8 1.2.4 Weekly Holiday*** .................................................................................................. 8 1.3 PAID ANNUAL LEAVE .................................................
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...[A.M. No. 12-8-8-SC, 4 September 2012] JUDICIAL AFFIDAVIT RULE Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and cumbersome adversarial system that the judiciary has in place; Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up coming to court after repeated postponements; Whereas, few foreign businessmen make long-term investments in the Philippines because its courts are unable to provide ample and speedy protection to their investments, keeping its people poor; Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation, on February 21, 2012 the Supreme Court approved for piloting by trial courts in Quezon City the compulsory use of judicial affidavits in place of the direct testimonies of witnesses; Whereas, it is reported that such piloting has quickly resulted in reducing by about two-thirds the time used for presenting the testimonies of witnesses, thus speeding up the hearing and adjudication of cases; Whereas, the Supreme Court Committee on the Revision of the Rules of Court, headed by Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on the Revision of the Rules on Civil Procedure, headed by Associate Justice Roberto A. Abad, have recommended for adoption a Judicial Affidavit Rule that will replicate nationwide the success of the Quezon City experience...
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...damages. An alternative result is to have the court enter an order requiring another person to begin or stop some activity. A civil lawsuit is started by the filing of a complaint which details the facts of the situation as seen by the plaintiff, the person desiring the court's assistance. A filing fee is collected by the deputy clerk at the time of the filing of the complaint. Once a complaint and summons have been filed with the court, these documents must be delivered to the opposing party, known as the defendant. The defendant then has twenty days to respond in writing to the complaint. The written response that the defendant files with the court is known as an answer. Again, the court clerk will collect a required fee for the filing of the answer. The defendant may, at the same time, file a counterclaim as part of his or her answer. The counterclaim states the relief that the defendant feels he or she may be entitled to from the plaintiff. The plaintiff then has ten days to file an answer to the defendant's counterclaim. If either party fails to comply with the time limits, the other side may ask the court to rule in his or her favor by default. Default is entered when a party does not appear or file papers, and the judge may enter a decision or judgment to be collected as any other decision. It should be noted that most time limits may be extended by agreement (stipulation) of the parties by an order of the court....
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...United States government since 1787, and the U.S. constitution is viewed as the “supreme law of the land” (law.jrank.org, n.d.). Laws have been created as a result of Congress and state legislature and follow a strict and thorough process in order to be approved as a law. Common law is present in our modern system and makes up most of our basic laws in the United States. The Supreme Court, which was created in 1790 through the United States Constitution accompanied by the Judiciary act of 1789, is the highest court in the United States. Generally, the system that the United States use today adopted the structure of Europe. Throughout history, Britain has had a significant part in the structure of the American legal system as well as the law created in the United States. Laws As briefly discussed in the introduction, the United States Constitution is the ultimate law of the land, and any laws created falls under the U.S. Constitution without contradiction. There are three branches of the government that deals with the laws, which are the executive branch, the legislative branch, and the judicial branch. The executive branch ensure “that laws are carried out and enforced to facilitate such day-to-day responsibilities of the federal government as collecting taxes, safeguarding the homeland and representing the United States' political and economic interests around the world” (Trethan, n.d.). The legislative branch is in charge of passing the laws of the nation, and the judicial branch...
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...1964. The former employee is also saying that constructive discharge has taken place, stating that he was forced to leave the company due to his religious beliefs. From this point forward I will provide adequate information from multiple sources in efforts to make educated recommendations to ABC Toy’s. A. Constructive discharge. As of January 1, ABC Toy’s implemented an updated work schedule to assist with the company growth in efforts to meet the consumer demands. ABC Toy’s required employees to work a rotating schedule that included 12 hours of work time daily, but only 48 hours a week. Those 48 hours may be scheduled any day of the week, Monday through Sunday. This policy was put in effect for the production staff, requiring all production staff members to work this rotating shift, and consequently some of those rotating days happened to be a day of religion for the disgruntled former employee. The former employee resigned, shortly, after the work schedule was put in place. As a result of this schedule change the former employee is alleging that constructive discharge took place at ABC Toy’s. Constructive discharge was put in place by the NLRB (National Labor Relations Board), and states the following; “The NLRB held that an employer ran afoul of the Act not only when it directly fired an employee in contravention of the Act, but also when it purposefully made conditions on the job so intolerable that the employee had no meaningful choice but to quit. Thus, under...
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