Petitioner

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A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.

A person is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, or legal responsibility. The defining features of personhood and consequently what makes a person count as a person differ widely among cultures and contexts.

A legal remedy, also judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will.

A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication.

Contents

In the courts

The petitioner may seek a legal remedy if the state or another private person has acted unlawfully. In this case, the petitioner, often called a plaintiff, will submit a plea to a court to resolve the dispute.

A plaintiff is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy; if this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order. "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exception being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant", but that term also has other meanings. In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant".

Court judicial institution with the authority to resolve legal disputes

A court is any person or institution with authority to judge or adjudicate, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

To the government

On the other hand, the petitioner may be complaining against the law it to "... make no law... abridging... the right of the people peaceably to assemble, and to petition the government for redress of grievances".

Law System of rules and guidelines, generally backed by governmental authority

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.

A petitioner need not seek a change to an existing law. Often, petitioners speak against (or in support of) legislative proposals as these progress.

The Whig party

A group of 17th century English politicians became known as Petitioners, due to their support of the Exclusion Bill, a bill which would prevent the succession to the throne of the Catholic James, Duke of York, the heir apparent of King Charles II. After the House of Commons passed the Bill, Charles dissolved Parliament; when a new Parliament was elected shortly afterwards, Charles simply refused to summon it to meet. The Petitioners got their name from the many petitions they sent to Charles urging him to summon Parliament; they were opposed by the Abhorrers, who resisted the Exclusion Bill and were in no hurry to see a pro-Exclusion Bill Parliament meet. In the heat of the dispute, the two factions traded insulting epithets; with the result that the Petitioners became known as the Whigs and their opponents as Tories.

James II of England 17th-century King of England and Ireland, and of Scotland (as James VII)

James II and VII was King of England and Ireland as James II and King of Scotland as James VII, from 6 February 1685 until he was deposed in the Glorious Revolution of 1688. The last Roman Catholic monarch of England, Scotland and Ireland, his reign is now remembered primarily for struggles over religious tolerance. However, it also involved the principles of absolutism and divine right of kings and his deposition ended a century of political and civil strife by confirming the primacy of Parliament over the Crown.

Charles II of England 17th-century King of England, Ireland and Scotland

Charles II was king of England, Scotland, and Ireland. He was king of Scotland from 1649 until his deposition in 1651, and king of England, Scotland and Ireland from the 1660 Restoration of the monarchy until his death.

House of Commons of England parliament of England up to 1707

The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain. In 1801, with the union of Great Britain and Ireland, that house was in turn replaced by the House of Commons of the United Kingdom.

See also

Special Leave Petitions in India (SLP) holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done. It provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India

Old Order German Baptist Brethren

The Old Order German Baptist Brethren, also called Petitioners, are a small group of very conservative Schwarzenau Brethren.

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Abhorrers, the name given in 1679 to the persons who expressed their abhorrence at the action of those who had signed petitions urging King Charles II of England to assemble Parliament.

Mandamus is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.

Petition of Right English/British Constitutional law document

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John Somers, 1st Baron Somers British Baron

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The Exclusion Crisis ran from 1679 through 1681 in the reign of King Charles II of England, Scotland and Ireland. Three Exclusion bills sought to exclude the King's brother and heir presumptive, James, Duke of York, from the thrones of England, Scotland and Ireland because he was Roman Catholic. None became law. Two new parties formed. The Tories were opposed to this exclusion while the "Country Party", who were soon to be called the Whigs, supported it. While the matter of James's exclusion was not decided in Parliament during Charles's reign, it would come to a head only three years after he took the throne, when he was deposed in the Glorious Revolution of 1688. Finally, the Act of Settlement 1701 decided definitively that Catholics were to be excluded from the English throne.

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An exclusion zone is a territorial division established for various, case-specific purposes.

Right to petition in the United States

In the United States the right to petition is guaranteed by the First Amendment to the United States Constitution, which specifically prohibits Congress from abridging "the right of the people...to petition the Government for a redress of grievances".

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Petitioning is the administrative system for hearing complaints and grievances from individuals in the People's Republic of China.

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Private Acts are laws in the United Kingdom which apply to a particular individual or group of individuals, or corporate entity. This contrasts with a public general Act of Parliament (statute) which applies to the nation state. Private Acts can afford relief from another law; grant a unique benefit or, grant powers not available under the general law; or, relieve someone from legal responsibility for some allegedly wrongful act.

Exclusion Bill Parliament

The Exclusion Bill Parliament was a Parliament of England during the reign of Charles II of England, named after the long saga of the Exclusion Bill. Summoned on 24 July 1679, but prorogued by the king so that it did not assemble until 21 October 1680, it was dissolved three months later on 18 January 1680/81.

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National Campaign for People’s Right to Information was established in 1996 to push for the creation of a Right to Information Act in India.

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