Related Research Articles
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.
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables, to the Corpus Juris Civilis ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.
Praetor, also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected magistratus (magistrate), assigned to discharge various duties. The functions of the magistracy, the praetura (praetorship), are described by the adjective itself: the praetoria potestas, the praetorium imperium, and the praetorium ius, the legal precedents established by the praetores (praetors). Praetorium, as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his castra, the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship. The minimum age for holding the praetorship was 39 during the Roman Republic, but it was later changed to 30 in the early Empire.
A lawsuit is a proceeding by one or more parties against one or more parties in a 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 with respect to a civil action brought by a plaintiff who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the defendant. A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, 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 writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction.
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.
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.
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties by means of methods of discovery such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order.
A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. The use of a writ for purposes of compelling testimony originated in the ecclesiastical courts of Church during the High Middle Ages, especially in England. The use of the subpoena writ was gradually adopted over time by civil and criminal courts in England and the European continent.
In the Roman litigation system, while the Legis Actiones procedure was in force during the early Republic, both parties had to lay down a legal wager at the preliminary hearing, probably to discourage frivolous litigation. In some cases, if the party lost, the wager went to the other party, to compensate him for his inconvenience, rather than to the court to cover costs.
Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. A wide variety of legal mechanisms are employed by debtors to prevent the attachment of their assets.
BK Tooling (Edms) Bpk v Scope Precision Engineering (Edms) Bpk, an important case in South African contract law, was heard and decided in the Appellate Division on 16 September 1977 and 15 September 1978 respectively. The case dealt with remedies for the breach of a reciprocal contract in cases where the creditor has been prevented from performing fully his obligations by the failure of the other party's necessary co-operation. The court held that the creditor may in such circumstances claim performance, but that his claim will be subject to a reduction by the costs he saves in not having fully to make his counterperformance.
Furtum was a delict of Roman law comparable to the modern offence of theft despite being a civil and not criminal wrong. In the classical law and later, it denoted the contrectatio ("handling") of most types of property with a particular sort of intention – fraud and in the later law, a view to gain. It is unclear whether a view to gain was always required or added later, and, if the latter, when. This meant that the owner did not consent, although Justinian broadened this in at least one case. The law of furtum protected a variety of property interests, but not land, things without an owner, or types of state or religious things. An owner could commit theft by taking his things back in certain circumstances, as could a borrower or similar user through misuse.
Damnum iniuria datum was a delict of Roman law relating to the wrongful damage to property. It was created by the Lex Aquilia in the third century BC, and consisted of two parts: chapter one, which dealt with the killing of another's slave or certain types of animal; and chapter three which related to other types of property. It was widely extended both by reference to the words of the statute themselves and by the Praetor.
Iniuria was a delict in Roman law for the outrage, or affront, caused by contumelious action taken against another person.
Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits. The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between legal subjects; procedural law regulates how those rights and obligations are enforced. These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function.
The Hof van Holland, Zeeland en West-Friesland was the High Court of the provinces of Holland, West Friesland and Zeeland, instituted as a separate entity of the government of the Counties of Holland and Zeeland in 1428, under the Burgundian and Habsburg Netherlands, and continued with little change under the Dutch Republic, Batavian Republic, and the Kingdom of Holland, until its dissolution in 1811 by the First French Empire. It should not be confused with the Hoge Raad van Holland en Zeeland which was the supreme court, founded in 1582 by the States-General of the Netherlands and intended for the entire Dutch Republic. The Hof was in practice the main Appellate court in Holland and Zeeland, and in number of cases-handled the most important in the entire Dutch Republic and its Precedents played an important role in the development of Roman-Dutch law, which is still influential in Southern Africa.
The Actio Pauliana is an action in Roman law intended to protect creditors from fraudulent legal transactions, specifically transactions intended to reduce a debtor's estate by transfers to third parties in bad faith.
In Roman law, obligatio ex delicto is an obligation created as a result of a delict. While "delict" itself was never defined by Roman jurisprudents, delicts were generally composed of injurious or otherwise illicit actions, ranging from those covered by criminal law today such as theft (furtum) and robbery (rapina) to those usually settled in civil disputes in modern times such as defamation, a form of iniuria. Obligationes ex delicto therefore can be characterized as a form of private punishment, but also as a form of loss compensation.