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At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages.
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts.
Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. They are an important procedural step in a trial by jury, and as such are a cornerstone of criminal process in many common law countries.
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal". Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For instance, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes.
Forensic psychology is the application of scientific knowledge and methods to assist in answering legal questions that may arise in criminal, civil, contractual, or other judicial proceedings. Forensic psychology includes research on various psychology-law topics, such as: jury selection, reducing systemic racism in criminal law, eyewitness testimony, evaluating competency to stand trial, or assessing military veterans for service-connected disability compensation. The American Psychological Association's Specialty Guidelines for Forensic Psychologists reference several psychology sub-disciplines, such as: social, clinical, experimental, counseling, and neuropsychology.
The Crown Court is the criminal court of first instance in England and Wales responsible for hearing all indictable offences, some either way offences and appeals of the decisions of magistrates' courts. It is one of three Senior Courts of England and Wales.
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, Greece, New Zealand, Philippines, Scotland, Singapore, South Africa, Nigeria and the United States.
Forensic psychiatry is a subspeciality of psychiatry and is related to criminology. It encompasses the interface between law and psychiatry. According to the American Academy of Psychiatry and the Law, it is defined as "a subspecialty of psychiatry in which scientific and clinical expertise is applied in legal contexts involving civil, criminal, correctional, regulatory, or legislative matters, and in specialized clinical consultations in areas such as risk assessment or employment." A forensic psychiatrist provides services – such as determination of competency to stand trial – to a court of law to facilitate the adjudicative process and provide treatment, such as medications and psychotherapy, to criminals.
A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual technology to permit everyone present to clearly hear testimony and see exhibits.
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to their body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
In law, a trial is a coming together of parties to a dispute, to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.
Judicial immunity is a form of sovereign immunity, which protects judges and others employed by the judiciary from liability resulting from their judicial actions. It is intended to ensure that judges can make decisions free from improper influence exercised on them, contributing to the impartiality of the judiciary and the rule of law. In modern times, the main purpose of "judicial immunity [is to shield] judges from the suits of ordinary people", primarily litigants who may be dissatisfied with the outcome of a case decided by the judge.
The court of assizes is the trial court which tries the most serious crimes in the judicial system of Belgium. It is the highest Belgian court with criminal jurisdiction; as such, it is the only Belgian court that can sentence someone to life imprisonment. The courts of assizes are not permanent courts; a new court of assizes is assembled for each new trial. There is a court of assizes in each of the ten provinces of Belgium, as well as one in the arrondissement of Brussels-Capital which is not part of any province. Further below, an overview is provided of the eleven courts of assizes and their seats. They are the only courts in Belgium for which the provinces are used as territorial subdivisions. They are also the only courts in Belgium that hold jury trials. The jury acts as sole trier of fact, but decides on the penalty together with the judges. The trial by jury of certain crimes is laid down in article 150 of the Belgian Constitution. The Belgian courts of assizes have the same origin as their French namesakes.
A legal adviser, formerly referred to as a justices' clerk or clerk to the justices is an official of the magistrates' court in England and Wales whose primary role is to provide legal advice to justices of the peace.
In England and Wales, magistrates are trained volunteers, selected from the local community, who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates have equal sentencing powers to district judges and deliver verdicts on both “summary” and “either way” offences that carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the family court where they help resolve disputes that involve children, and in the youth court, which deals with criminal matters involving young people aged 10–17. Established in the 14th century, the magistracy is a key part of the judiciary of England and Wales, and it is a role underpinned by the principles of 'local justice' and 'justice by one's peers'.
Victoria McCloud is a British lawyer and former judge. A trans woman, McCloud was the youngest Master in the High Court of Justice when appointed in 2006 as a deputy and then as a full judge in 2010. McCloud is also a Chartered Psychologist and legal author. She retired from the bench in April 2024.
References
- 1 2 Alisdair Gillespie; Siobhan Weare (2017). The English Legal System. Oxford University Press. p. 319. ISBN 978-0-19-878543-9.
- ↑ Gary Slapper; David Kelly (4 July 2017). The English Legal System. Taylor & Francis. p. 472. ISBN 978-1-351-96707-5.
- ↑ Roberts, Paul (30 November 2018). "Making sense of forensic science evidence". Forensic Science Evidence and Expert Witness Testimony: 27–70. doi: 10.4337/9781788111034.00008 . ISBN 9781788111034.
- ↑ Judicial College (20 September 2012). Guidelines for the Assessment of General Damages in Personal Injury (Eleventh ed.). Oxford University Press. p. Foreword. ISBN 9780191641848.
- ↑ "Ball v Secretary of State".
- ↑ "General Guidelines as to the amounts that may be awarded or assessed in Personal Injury Claims: Book of Quantum" (PDF).
- ↑ John R. Carlson, Karen D.P. Carlson (2020). Personal Injury Damages. LexisNexis Canada. ISBN 9780433503736.
- ↑ "Equal Treatment Bench Book" (PDF).
