...【本法变迁史】 中华人民共和国民事诉讼法(试行)[失效][19820308] 中华人民共和国民事诉讼法[19910409] 全国人大常委会关于修改《中华人民共和国民事诉讼法》的决定(2007)[20071028] 中华人民共和国民事诉讼法(2007修正)[20071028] 全国人大常委会关于修改《中华人民共和国民事诉讼法》的决定(2012)[20120831] 中华人民共和国民事诉讼法(2012修正)[20120831] 中华人民共和国民事诉讼法 （1991年4月9日第七届全国人民代表大会第四次会议通过根据2007年10月28日第十届全国人民代表大会常务委员会第三十次会议《关于修改〈中华人民共和国民事诉讼法〉的决定》第一次修正根据2012年8月31日第十一届全国人民代表大会常务委员会第二十八次会议《关于修改〈中华人民共和国民事诉讼法〉的决定》第二次修正） 目 录 第一编 总 则 第一章 任务、适用范围和基本原则 第二章 管辖 第一节 级别管辖 第二节 地域管辖 第三节 移送管辖和指定管辖 第三章 审判组织 第四章 回避 第五章 诉讼参加人 第一节 当事人 第二节 诉讼代理人 第六章 证据 第七章 期间、送达 第一节 期间 第二节 送达 第八章 调解 第九章 保全和先予执行 第十章 对妨害民事诉讼的强制措施 第十一章 诉讼费用 第二编 审判程序 第十二章 第一审普通程序 第一节 起诉和受理 第二节 审理前的准备 第三节 开庭审理 第四节 诉讼中止和终结 第五节 判决和裁定 第十三章 简易程序 第十四章 第二审程序 第十五章 特别程序 第一节 一般规定 第二节 选民资格案件 第三节 宣告失踪、宣告死亡案件 第四节 认定公民无民事行为能力、限制民事行为能力案件 第五节 认定财产无主案件 第六节 确认调解协议案件 第七节 实现担保物权案件 第十六章 审判监督程序 第十七章 督促程序 第十八章 公示催告程序 第三编 执行程序 第十九章 一般规定 第二十章 执行的申请和移送 第二十一章 执行措施 第二十二章 执行中止和终结 第四编 涉外民事诉讼程序的特别规定 第二十三章 一般原则 第二十四章 管辖 第二十五章 送达、期间 第二十六章 仲裁 第二十七章 司法协助 第一编 总 则 第一章 任务、适用范围和基本原则 第一条 中华人民共和国民事诉讼法以宪法为根据，结合我国民事审判工作的经验和实际情况制定。 第二条中华人民共和国民事诉讼法的任务，是保护当事人行使诉讼权利，保证人民法院查明事实，分清是非，正确适用法律，及时审理民事案件，确认民事权利义务关系，制裁民事违法行为，保护当事人的合法权益，教育公民自觉遵守法律，维护社会秩序、经济秩序，保障社会主义建设事业顺利进行。 第三条人民法院受理公民之间、法人之间、其他组织之间以及他们相互之间因财产关系和人身关系提起的民事诉讼，适用本法的规定。 第四条 凡在中华人民共和国领域内进行民事诉讼，必须遵守本法。 第五条外国人、无国籍人、外国企业和组织在人民法院起诉、应诉，同中华人民共和国公民、法人和其他组织有同等的诉讼权利义务。 外国法院对中华人民共和...
Words: 2555 - Pages: 11
...Civil procedure is defined as a body of law that describes the private rights and responsibilities of individuals (Pozgar, 2012). Civil procedure is a part of law that does not deal with crimes but instead involves actions filed by one individual against another (Pozgar, 2012). Civil procedure can be utilized in healthcare law in a variety of measures in health care law to include tort and contract laws (Pozgar, 2012). One major area within health care law that civil procedure is utilized is medical malpractice cases. Medical malpractice occurs when there is professional misconduct or lack of skill in providing medical treatment or services (McElrath, n.d). The victims of medical malpractice seek compensation for their physical and/or emotional injuries through a negligence action. A defendant physician may be found liable for medical malpractice if the plaintiff patient can establish that there was in fact a patient-physician relationship; that the physician breached the accepted standard of medical care in the treatment of the patient; and if the patient suffered an injury for which he or she should be compensated; and that the physician's violation of the standard of care was the cause of the injury (McElrath, n.d). Breach of contract is not a common medical malpractice theory since medical providers do not typically make promises about a particular outcome of a medical procedure. However, civil procedures can occur if a patient (plaintiff) sues for breach of contract...
Words: 300 - Pages: 2
...Running head: Law, Tort Law, Criminal Law, Contracts, and Civil Procedure | | | Law, Tort Law, Criminal Law, Contracts, and Civil Procedure In defining the term law, tort law, criminal law, contract and the sources from which law derives, I will use a case that took place in 1929 “Donoghue v Stevenson” to demonstrate the these laws which will show a successful negligence suit, as well as defenses a defendant presenting evidence to refute a plaintiffs evidence. J.G. Holland said it best! In the words of J. G. Holland “Laws are the very bulwarks of liberty; they define every man’s rights, and defend the individual liberties of all men”. Laws are derived from the United States Constitution; Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary. Established Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights. A few, like the United Kingdom, have no such document. A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention. Law is defined as a system of rules...
Words: 1720 - Pages: 7
...Abstract Delay is a very harmful matter for civil suits. And its situation in Bangladesh is very dangerous. Time consumed for the final disposal of cases from the date of its institution is too long. 10-15 years in many instances. This delay has been causing serious harassment to the litigant public. It has come to many mind that the present system of administration of justice, a foreign transplant, is unsuited to the genius of our people, its procedures are dilatory and cumbersome, not advancing the cause of substantial and quick justice. The situation is serious indeed and calls for careful consideration of the reasons for this delay. The system of administration of justice as obtaining in Bangladesh, both as regards the hierarchy of courts and the procedures followed by them, is the result of an evolutionary process the present system coming down from hundred years back and the people including the unlettered villagers have become used to its formalities and technicalities. Why then the people are losing confidence in the system is the question of the day. The answer is not far to seek. The procedure delay in disposal of cases, may account for much of the erosion of confidence in the system. But no particular point in Bangladesh. The administration of justice alone can be said to be the source of delay. It starts right from the beginning and endorse of the end. In decree of execution the uncertainty looms unending to the woe and worry of litigants- winners or losers. Through...
Words: 5749 - Pages: 23
...Court of Punjab & Haryana. This case has had a serpentine history, beginning from the institution of a suit in 1965 in the lower court, going in appeal to the Division Court, from there in second appeal to the Single Judge of the High Court of Punjab & Haryana who referred it to the Division Bench of the High Court, and then finally being disposed by the Honorable Supreme Court of India in 1990. The case assumes importance as it relates to some very important questions of law, which were finally put to rest by this judgment of the Honorable Supreme Court of India. This matter deals with the question of the jurisdiction of the civil courts in matters of Land Revenue. The other question that has been deliberated upon in this matter is as regards to the nature of Section 85 and Section 86 of the Punjab Land Revenue Act, 1887. These Sections being analogous to Rule 84, 85, and 86 of the Code of Civil Procedure, 1908 have been interpreted in light of the interpretation afforded to these Rules of the Civil Procedure Code, 1908. FACTUAL MATRIX OF THE MATTER At the heart of the dispute was the allegation that Sardara Singh had been appointed as the substitute Lambaradar on 8th November, 1957 for District Ferozpur replacing the previous substitute, Hardit Singh (the original Lambardar being Narain Singh, who had undertaken liability for the land revenue which was in arrears). It was alleged that despite collection of the amount by Sardara, the same had not been deposited with the...
Words: 2556 - Pages: 11
...Homepage - firm overview & introduction For more than 30 years, Wm. Randell Johnson has been representing private individuals in criminal, civil, Texas workers’ compensation and personal injury cases. He serves individuals who reside in Plano, Texas; the Dallas-Fort Worth Metroplex and its surrounding areas. Furthermore, Attorney Johnson is an experienced litigator and has previously worked as a criminal defense attorney as well as a prosecutor in both the trial, and appellate courts. In addition, he has served in civil cases as a defense attorney and plaintiff attorney at the administrative, trial, and appellate levels. Attorney Wm. Randell Johnson's Board Certifications Through the Texas Board of Legal Specialization Attorney Johnson is also one of the few attorneys in Texas who has received certification in three practice areas: 1. Civil Trial Law – December...
Words: 1099 - Pages: 5
...Employment Opportunity Commission (EEOC) process, (3) civil litigation process, and (4) court appearance. A summary and conclusion will finalize the paper. What is Discrimination According to the EEOC (2011), reprisals or disciplinary actions against employees based on color, race, age, religion, disability, sex or political affiliation is considered a form of discrimination. Discrimination can apply to retaliation for filing a charge of discrimination and can be associated to the hiring of employees. Understanding how discrimination affects the workplace is important to everyone and understanding how to file a complaint is equally important. Equal Employment Opportunity Commission Process The EEOC was created in 1964 by the federal government and is used to help protect employees from discrimination. John wants to file a discrimination complaint, so he will have to provide his name, phone number, address, employers information, and a description of the discrimination violation. All complaints will be reviewed by the EEOC if the complaint has been filed within 180 days of the incident. State laws may extend the time to 300 days after the incident but only one agency can review the incident. Once John has filed the complaint with the EEOC, the employer will be notified of the accusation. The EEOC will review the charge and determine the priority based on what laws support the violation. The EEOC will set up an...
Words: 915 - Pages: 4
...| THE CIVIL COURTS ACT, 1887 (ACT NO. XII OF 1887). [11th March 1887] 1 An Act to consolidate and amend the law relating to Civil Courts in Bangladesh. WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bangladesh; It is hereby enacted as follows:- CHAPTER I PRELIMINARY Title, extent and commencement 1. (1) This Act may be called the 2[ * * *] Civil Courts Act. (2) It extends to Bangladesh except such portions 3[ thereof] as for the time being are not subject to the ordinary civil jurisdiction of the High Court Division 4[ * * *]; and (3) It shall come into force on the first day of July, 1887. [Repealed] 2. (1) 5[ Repealed by the Amendment Act, 1891 (Act No. XII of 1891)]. (2) [Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.] (3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, [or East Bengal Civil Court Act] or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof. CHAPTER II CONSTITUTION OF CIVIL COURTS Classes of Civil Courts 6[ 3. There shall be following classes of Civil Courts, namely:- (a) the Court of the District Judge; (b) the Court of the Additional District Judge; (c) the Court of the Joint District Judge; (d) the Court of the Senior Assistant Judge; and (e) the Court of the Assistant...
Words: 3154 - Pages: 13
...investors in the Lloyd’s Society, who wanted to rescind the invested money in Lloyd’s because the investors wanted the Ohio State Securities Law to shelter them, against R.W. Sturge, Ltd. The defendants filed a motion to dismiss it based on improper venue and the appeal was dismissed based on the forum selection that takes away their rights under the Ohio Securities laws and Ohio public policy outweighs the policies served by enforcing the forum selection clauses. Procedure: Court of Appeals, 6th Circuit Issue: Can the case be dismissed based on the forum selection that takes away their rights under the Ohio Securities laws and Ohio public policy outweighs the policies which are assisted by enforcing the forum selection clauses? Holding: (Vote: 3 - 0) no, under the Federal Rules of Civil Procedures Section 12 (b) (3), dismissed the appeal based on the forum selection that deprives them of their rights under the Ohio Securities laws and Ohio public policy outweighs the policies which are assisted by enforcing the forum selection clauses. Reasoning: (Kennedy and Suhrheinrich, Circuit Judges and Hillman, District Judge) A. Rule: Under the Federal Rules of Civil Procedures Section 12 (b) (3), the defenders can file a case. The order granted the defendants’ motion for a dismissal since the action involved a security under Ohio Securities law. B. Application: This case was an international agreement which can be enforce with the forum clause unless plaintiffs can show that...
Words: 356 - Pages: 2
...NOTE: Stacy Sullivan Download Request: Current Document: 1 Time Of Request: Saturday, May 24, 2014 19:09:31 EST Send To: NEXIS, 146BTS DEVRY UNIVERSITY 3005 HIGHLAND PKWY DOWNERS GROVE, IL 60515-5799 Source: OH Courts of Appeals Cases from 1913 Project ID: FOCUS - 1 of 1 DOCUMENT REBECCA KOOP, Plaintiff-Appellant, - vs - SPEEDWAY SUPERAMERICA, LLC, et al., Defendants-Appellees. CASE NO. CA2008-09-110 COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, WARREN COUNTY 2009-Ohio-1734; 2009 Ohio App. LEXIS 1469 April 13, 2009, Decided PRIOR HISTORY: [**1] CIVIL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS. Case No. 07CV69537. CASE SUMMARY: PROCEDURAL POSTURE: Appellant personal injury victim filed suit against appellee store alleging that it was negligent in its cleaning of a coffee spill, upon which she slipped and fell. The store filed a motion for summary judgment. The Warren County Court of Common Pleas (Ohio) granted summary judgment for the store. The victim appealed. OVERVIEW: The victim argued that the trial court erred by failing to consider the incident report and corresponding witness statements. The appellate court held that the trial court did not err by disregarding the document due to its lack of authenticity. There was no indication that the document, purported to be an employee witness statement, was sworn or certified, nor was there any evidence presented to establish its authenticity...
Words: 3758 - Pages: 16
...In civil law court cases, the court in which the case is first heard is known as the court of first instance. Depending on how much money the claimant is holding the defendant liable for will determine the track the case will be put in to. The tracking system was introduced by Lord Woolf in order to make the court process more efficient. There are three main tracks used in the civil law procedure. The first track is known as the small claims track in which the claimant is asking for an amount of money below the cost of £5000, and for an amount below £1000 if it is a personal injury or housing claim. Although small claims have been given a track, cases involving these claims aren’t conducted as full trials in the court of law. The second tracking system is known as the Fast-track. Fast track claims are worth £5000 - £25,000 and to be held over a period of 30 weeks, and the actual court date to be done within one day due to the long procedure building up to court date. The introduction of a protocol by Lord Woolf allowed both parties to communicate before the trial and obtain information to see if a settlement could be reached outside of the courts in order to help the courts. The final tracking system is known as the multi track for cases above the value of £25,000. These are similar to fast track cases, although they are not given a trial deadline as they deal with more serious matters. The High Court is the civil court of first instance for cases involving more than...
Words: 875 - Pages: 4
...Code of Civil Procedure Assignment II “Civil Court has Inherent Jurisdiction to take cognizance of all dispute of Civil Nature except when barred.” -Siddhesh S Pradhan -241 -Division C -BBA LLB Year 4 INTRODUCTION Jurisdiction means the power or authority of a Court of law to hear and determine a cause or matter.[1] It is the power to entertain, deal with and decide a suit, an action, petition or other proceeding.[2] In Smt Ujjambai v. State of UP[3] it was stated that exclusion of jurisdiction means prevention or prohibition to the court not to entertain or try any matter though the dispute is civil in nature. Jurisdiction is a key question for the court which goes to the root of the case and decides the fate of a matter either at a preliminary stage or on merit. A division bench of the Supreme Court in Chandrabhai K. Bhoir v. Krishna A. Bhoir observed, “In any view of the matter, an order passed without jurisdiction would be a nullity. It will be a coram non judice. It is non est in the eye of law. Principles of res judicata would not apply to such cases.”[4] Thus, Jurisdiction of a Court means the extent of authority of a Court to administer justice prescribed with reference to the subject-matter, pecuniary value and local limits.[5] JURISDICTION OF CIVIL COURTS UNDER SECTION 9 of the CPC Section 9 of the Code of Civil Procedure 1908 states that, “The Court shall (subject to the provisions herein contained) have jurisdiction to try all suits of civil nature excepting...
Words: 4898 - Pages: 20
...Civil Justice Tutorial III i. What is proportionality and why is it so “new” in the Civil Procedure Rules? To extent does it different proportionality a. under the EHCR (Campbell case) to assess different right sets of rights b. after the Jackson reforms? Jackson is just in relation to costs – cases that are justly and in relation to proportional costs focus on the system as a whole Campbell v Mirror Group Newspaper Ltd (Costs) HL (2005) A model sues a newspaper for breach of confidence. The case go through HC and CA. On appeal to HL, Campbell solicitors and barristers work on a CFA basis (95% success fee for solicitors, 100% success fee for barristers. She wins case (3,5000 compensation awarded) + costs (1, 086, 295 inc. success fee of 279, 981) The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with details of her addictions and the treament she had received. Held: The law of confidence is now better characterised as misuse of private information. “The need to be free to disseminate information regarding Miss Campbell’s drug addiction is of a lower order than the need for freedom to disseminate information on some other subjects such as political information. The degree of latitude reasonably...
Words: 4143 - Pages: 17
...of personal jurisdiction. Each court has set boundaries that govern their rights. Without these rights there would be no subject matter. No one would go to the appreciate courts or have the correct measures to even known which court they are supposed to go to. But weather federal or state jurisdiction is going to take part in each case. There are two types of jurisdiction they are subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction is types of cases courts have been authorized to hear and decide. (Fradella & Neubauer, 2011 p. 566) Subject matter jurisdiction determines the court structure and what types of cases they will hear. For example special jurisdiction are restricted to hearing cases such as civil suits involving small sums of money ideally less than $75,000, and misdemeanors. Other types of cases that state courts hear are traffic and juvenile courts, state offenses; child-victim cases are all apart of subject matter jurisdiction. Most juvenile courts are heard by state courts because of the “one-pot jurisdiction” (Fradella & Neubauer, 2011 p 505) because of the (Springer 1986) case where all youth are considered in the same “pot”. Another of subject jurisdiction is the 2000 Iraola & Cia v. Kimberly-Clarke case where subject matter jurisdiction over the case where one party was a foreign party and the other from different states. The subject matter jurisdiction existed over the case under 28 U.S.C. Section 1332(a)(2)....
Words: 1497 - Pages: 6
...1. Introduction And Brief History The concept of conciliated settlement of disputes is not alien to the traditional Indian culture and social life. Nyaya Panchayats and Gram Panchayat provided seats for resolving the disputes in rural areas on an immediate basis. Generally, any crime or civil dispute used to be resolved within the village itself. Either village elders or caste elders or family elders used to facilitate the process. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the victims for satisfactory settlement of their disputes. This system is based on Gandhian principles. It is one of the components of ADR systems. It is an Indian contribution to the world jurisprudence of ADR. Lok Adalat (people’s courts), established by the government settles dispute by the principles of justice, equity and fair play, which are the guiding factors for decisions based on compromises to be arrived at before such Adalats. The camps of Lok Adalats were initially started in the state of Gujarat in 1982. The first Lok Adalat was organized on 14th March 1982 at Junagarh. Maharashtra commenced the Lok Nyayalaya in 1984. The movement has now subsequently spread to the entire country. The reason to create such camps was only the pending cases and to give relief to the litigants who were in a queue to get justice. 2. Statutory Provisions Eminent judges of the Supreme Court and...
Words: 2345 - Pages: 10
