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Administrative law is a division of law governing the activities of executive branch agencies of government. Administrative law includes executive branch rulemaking, adjudication, and the enforcement of laws. Administrative law is considered a branch of public law.
Common law is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new 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 court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law.
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense.
Security for costs is a common law legal concept of application only in costs jurisdictions, and is an order sought from a court in litigation.
The Judicial Yuan is the judicial branch of the Republic of China. It functions as the Constitutional Court and oversees the courts of Taiwan, including the ordinary courts such as the Supreme Court, high courts, and district courts as well as special courts like administrative, and disciplinary courts. The Judicial Yuan holds the following powers:
Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar relitigation of a claim between the same parties.
In law, a hearing is the formal examination of a case before a judge. It is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee.
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. 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.
In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral renders the decision in the form of an 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding.
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly award damages. A court may impose an injunction upon the public body.
The law of the Republic of China as applied in Taiwan, Penghu, Kinmen, and Matsu 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:
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
The judicial system of Sweden consists of the law of Sweden and a number of government agencies tasked with upholding security and rule of law within the country. The activities of these agencies include police and law enforcement, prosecution, courts, and prisons and other correctional services.
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 maxim is sometimes quoted as jura novit curia, iura noscit curia, curia iura novit, curia novit legem or variants thereof.
Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. Private law, which relates to civil wrongs and quasi-contracts, is part of civil law, as is law of property, excluding property-related crimes, such as theft or vandalism. Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons amongst themselves is the primary concern of civil law. The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the theoretical foundations and applications of the common law.
Milan Blagojević in Gračanica is a Serbian jurist, full-time professor of Constitutional Law and the former judge of the District Court of Banja Luka. In 2023, he was a legal advisor of the Serb member of the Presidency of Bosnia and Herzegovina.
The principle of legality in French criminal law holds that no one may be convicted of a criminal offense unless a previously published legal text sets out in clear and precise wording the constituent elements of the offense and the penalty which applies to it. (Latin:Nullum crimen, nulla pœna sine lege, in other words, "no crime, no penalty, without a law").
References
- 1 2 Mavroidis, Petros C. (2000). "Remedies in the WTO Legal System: Between a Rock and a Hard Place" (PDF). European Journal of International Law. 11 (4): 763–813. doi:10.1093/ejil/11.4.763.
- 1 2 Ronen, Yaėl (2006). The Law and Practice of the International Court, 1920-2005: The court and the United Nations. BRILL. p. 576. ISBN 978-90-04-15019-5.
- ↑ "Board of Appeal decision T 1400/11 of 3 July 2014, point 2". European Patent Office. August 2014. Retrieved 27 August 2014.
... the entitlement of parties to direct the course of the proceedings themselves ("principle of party disposition")...