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A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly a U.S. phenomenon, but Canada, as well as several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers.
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before a court.
A tort, in common law jurisdiction, is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. It can include intentional infliction of emotional distress, negligence, financial loss, injury, invasion of privacy, and numerous other harms. The word '"tort' stems from Old French via the Norman Conquest and Latin via the Roman Empire.
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage.
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff demands a legal or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
A peremptory norm is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted.
The chief instrument through which judicial activism has flourished in India is Public Interest Litigation (PIL) or Social Action Litigation (SAL). Public interest litigation (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati. It is a relaxation on the traditional rule of locus standi. Before 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL.
International criminal law is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression. This article also discusses crimes against international law, which may not be part of the body of international criminal law.
Ashok H. Desai was an Indian lawyer, practising in the Supreme Court of India. He held office as the Attorney General of India from 9 July 1996 to 6 May 1998. Earlier, he was the Solicitor General of India from 18 December 1989 to 2 December 1990. He was awarded the Padma Bhushan award and the Law Luminary Award in 2001. He was given an honorary doctorate in "recognition of his contribution to the field of law and jurisprudence" by the North Orissa University in September 2009.
Civil liberties in the United Kingdom are part of UK constitutional law and have a long and formative history. This is usually considered to have begun with Magna Carta of 1215, a landmark document in British constitutional history. Development of civil liberties advanced in common law and statute law in the 17th and 18th centuries, notably with the Bill of Rights 1689. During the 19th century, working-class people struggled to win the right to vote and join trade unions. Parliament responded with new legislation beginning with the Reform Act 1832. Attitudes towards suffrage and liberties progressed further in the aftermath of the first and second world wars. Since then, the United Kingdom's relationship to civil liberties has been mediated through its membership of the European Convention on Human Rights. The United Kingdom, through Sir David Maxwell-Fyfe, led the drafting of the Convention, which expresses a traditional civil libertarian theory. It became directly applicable in UK law with the enactment of the Human Rights Act 1998.
The Center for Justice and Accountability (CJA) is a US non-profit international human rights organization based in San Francisco, California. Founded in 1998, CJA represents survivors of torture and other grave human rights abuses in cases against individual rights violators before U.S. and Spanish courts. CJA has pioneered the use of civil litigation in the United States as a means of redress for survivors from around the world.
Avocats Sans Frontières (ASF), also known as Advocaten Zonder Grenzen or Lawyers without Borders, is an international NGO, active in the human rights and development sector. Created in 1992 by a group of Belgian lawyers, ASF’s main objective is the realisation of institutions and mechanisms that facilitate access to independent and fair justice systems that ensure legal security and guarantee fundamental human rights for everyone.
A private attorney general is an informal term originating in common law jurisdictions for a private attorney who brings a lawsuit claiming it to be in the public interest, i.e., benefiting the general public and not just the plaintiff, on behalf of a citizen or group of citizens. The attorney may, at the equitable discretion of the court, be entitled to recover attorney's fees if they prevail. The rationale behind this principle is to provide extra incentive to private attorneys to pursue suits that may be of benefit to society at large. Private attorney general suits are commonly, though not always, brought as class actions in jurisdictions that permit the certification of class action lawsuits.
The European Center for Constitutional and Human Rights (ECCHR) is an independent, nonprofit non-governmental organization with the aim of enforcing human rights through legal means. Using litigation, it tries to hold state and non-state actors responsible for egregious human rights abuses. It was founded in 2007 by Wolfgang Kaleck together with a group of human rights lawyers, in order to help protect the rights guaranteed by the Universal Declaration of Human Rights, as well as other declarations of human rights and national constitutions, by juridical means. ECCHR engages in litigation, using European, international, and national law to help protect human rights.
Public interest law refers to legal practices undertaken to help poor or marginalized people, or to effect change in social policies in the public interest, on 'not for profit' terms.
Mónica Feria Tinta is a leading barrister, a specialist in public international law, at the Bar of England & Wales. She practises from Twenty Essex Chambers, London. "The Lawyer" magazine featured her in its "Hot 100" 2020 list, as amongst “the most daring, innovative and creative lawyers” in the United Kingdom. She has also been shortlisted as "Barrister of the Year" by the Lawyer's Awards 2020, alongside Lord Pannick QC, one of the UK's highly regarded advocates. In 2000 Monica Feria-Tinta became the first and only Peruvian-born lawyer to receive the Diploma of The Hague Academy of International Law in history, the year Professor Pierre-Marie Dupuy delivered the General Course. Her litigation work led to the first international human rights court decision ordering the prosecution of a former Head of State for crimes under international law. In 2006 she was awarded the Inge Genefke International Award for her work as an international lawyer and in 2007 she became the youngest lawyer to be awarded the Gruber Justice Prize, for her contributions advancing the cause of justice as delivered through the legal system; an honour she received at a ceremony chaired by US Supreme Court Justice Ruth Bader Ginsburg in Washington DC.
Recognized by The Guardian (UK) as one of the "World's Top 100 Inspiring Women," Jayshree Satpute is a human rights lawyer and co-founder of Nazdeek. Satpute is a legal advocate in human rights pursuing cases in the Supreme Court and High Courts of India related to injustices to slum dwellers, refugees, women labourers, care of orphaned children, juveniles, Right to Information (RTI), and related issue areas.
Sara Hossain is a Bangladeshi lawyer who works as a barrister at the bar of the Supreme Court of Bangladesh and an honorary executive director of Bangladesh Legal Aid and Services Trust (BLAST). She was one of the recipients of the 2016 International Women of Courage Award awarded by the United States Secretary of State. Hossain played a key role in drafting Bangladesh's first comprehensive legislation on violence against women, which went on to become law in 2010. She is known for her role in challenging fatwa violence, where fatwas are issued to mete out degrading and violent punishments to women and girls. She also opposed the two-finger test in rape and sexual assault cases, and forced veiling. Hossain co-edited 'Honour': Crimes, Paradigms and Violence Against Women with Lynn Welchman.
References
- ↑ Boudewijn Sirks (2009), "Cognitio and Imperial and Bureaucratic Courts", in Stanley N. Katz (ed.), The Oxford International Encyclopedia of Legal History. (e-reference ed.), Oxford University Press. Oxford Reference Online, ISBN 978-0-19-533651-1
- ↑ Maria del Carmen Marquez Carrasco and Joaquin Alcaide Fernandez, "In re Pinochet. Spanish National Court, Criminal Division (Plenary Session) Case 19/97, November 4, 1998; Case 1/98, November 5, 1998" (1999) 93 (3) The American Journal of International Law 690 at 691
- ↑ Deva, Surya (2009). "Public Interest Litigation in India: a Critical Review" (PDF). Civil Justice Quarterly. 28 (1): 25.
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