The Dutch Code of Civil Procedure (Dutch : Wetboek van Burgerlijke Rechtsvordering) comprises four books covering topics relating to court civil procedure.
The four books cover:
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Common law is the body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of "common law" is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue. The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
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 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.
A defendant is a person accused of committing a crime in criminal prosecution or a person against whom some type of civil relief is being sought in a civil case.
Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination.
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure.
Title 28 is the portion of the United States Code that governs the federal judicial system.
The Offer of Judgment rule is a United States tort reform law aimed at controlling unnecessary litigation and at encouraging settlement. Under this rule, if a settlement offer designated as an offer of judgment is made in civil litigation, the offer is rejected and the final court decision is less favorable than the final offer that was made, then the party who rejected the offer is subject to certain penalties. The same principle can be found in the Calderbank offer jurisprudence in England.
The Federal Rules of Appellate Procedure are a set of rules, promulgated by the Supreme Court of the United States on recommendation of an advisory committee, to govern procedures in cases in the United States Courts of Appeals.
The police tribunal is the traffic court and trial court which tries minor contraventions in the judicial system of Belgium. It is the lowest Belgian court with criminal jurisdiction. There is a police tribunal for each judicial arrondissement ("district"), except for Brussels-Halle-Vilvoorde, where there are multiple police tribunals due to the area's sensitive political situation. Most of them hear cases in multiple seats per arrondissement. As of 2018, there are 15 police tribunals in total, who hear cases in 38 seats. Further below, an overview is provided of all seats of the police tribunal per judicial arrondissement.
The court of appeal is the main appellate court in the judicial system of Belgium which hears appeals against judgements of the tribunals of first instance, the enterprise tribunals and the presidents of those tribunals in their judicial area. There are five courts of appeal for each of the five judicial areas, which are the largest geographical subdivisions of Belgium for judicial purposes. The division of the Belgian territory into the five judicial areas is laid down in article 156 of the Belgian Constitution. A judicial area covers multiple judicial arrondissements ("districts"), except for the judicial area of Mons. Each arrondissement has a tribunal of first instance. Further below, an overview is provided of the five courts of appeal and the judicial arrondissements their judicial area covers. It is important to note that the courts of appeal do not hear appeals against judgements of the labour tribunals; these are heard by the courts of labour.
The law of the Republic of China is based on civil law with its origins in the modern Japanese and German legal systems. The main body of laws are codified into the Six Codes:
The Federal Rules of Bankruptcy Procedure are a set of rules promulgated by the Supreme Court of the United States under the Rules Enabling Act, directing procedures in the United States bankruptcy courts. They are the bankruptcy law counterpart to the Federal Rules of Civil Procedure.
The Administrative Litigation Act is a Japanese statute enacted in 1962 which governs lawsuits involving the government of Japan. It overlays the Code of Civil Procedure, and the Code governs such cases to the extent the Act is silent.
Civil procedure in Brazil consists of the rules of civil procedure detailed in the Civil Procedure Code, which has been approved in March, 2015, and being in application since March, 2016, in substitution to the old code from 1973. As a civil law system, it is heavily influenced by Roman and German concepts of civil procedure. In Brazil, civil procedure regulates the hearings of conflicts based in various sectors of law, such as private law, social law, and public law.
Iura novit curia is a Latin legal maxim expressing the principle that "the court knows the law", i.e., that the parties to a legal dispute do not need to plead or prove the law that applies to their case.
The Wet van 15 mei 1829, houdende algemeene bepalingen der wetgeving van het Koningrijk is a principal law of the Netherlands containing a number of basic precepts pertaining to the applicability of the law in general. It is considered part of the body of constitutional law of the Netherlands, which is composed primarily of Constitution of the Netherlands and the Charter for the Kingdom of the Netherlands.
Section 5 of the Indian Limitation Act, 1963 is an enabling provision to assist the litigants who failed to do an act within the prescribed time period as originally fixed under various enactments. Whether Section 5 of the Indian Limitation Act, 1963 will be applicable to the Execution Proceedings instituted under the Code of Civil Procedure, 1908 ?.
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India.
In France, the cour d’appel of the ordre judiciaire (judiciary) is a juridiction de droit commun du second degré, a. It examines previously-judged litigation, for example from the correctional tribunal or a tribunal de grande instance. When one of the parties is not satisfied with the verdict, it can appeal. While communications from jurisdictions of first instance are termed "judgements", or judgments, a court of appeal renders an arrêt (verdict), which may either uphold or annul the initial judgment. A verdict of the court of appeal may be further appealed en cassation. If the appeal is admissible at the cour de cassation, that court does not re-judge the facts of the matter a third time, but may investigate and verify whether the rules of law were properly applied by the lower courts.