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The Court's majority opinion. ponente [2] speaker [at a meeting] Spanish The writer of the Court's majority opinion. Mostly used in the context of the Supreme Court, but can be used at the Regional Trial Court level. prefatory statement [2] N/A: English A statement which summarizes a legal document, similar to an abstract. prisión correccional
If the plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount of money, or "damages", which the defendant should pay to the plaintiff. [2] Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions.
In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court. The pleading in the criminal case, which is entered on the record in open court, is usually either guilty or not guilty. Generally, speaking in private, civil cases there is no plea entered of guilt or innocence.
The Rules, established in 1938, replaced the earlier procedures under the Federal Equity Rules and the Conformity Act (28 USC 724 (1934)) merging the procedure for cases, in law and equity. The Conformity Act required that procedures in suits at law conform to state practice, usually the Field Code or a pleading system based on common law.
The Supreme Court's 2009 Iqbal case elaborated the heightened standard of pleading it established two years previously in Twombly, and established that it was generally applicable in all federal civil litigation and not limited to antitrust law: Two working principles underlie our decision in Twombly. First, the tenet that a court must accept ...
The local law determines who can sue and be sued as parties to the action. The case law on this question is not very consistent. For example, the English court held in Banque Internationale de Commerce de Petrograd v Goukassow [1923] 2 KB 682 that a dead person cannot be a party to an action even though this was possible under the lex causae ...
The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law.Depending on the court, a plaintiff would purchase a writ in Chancery (or file a bill) which would set in motion a series of events eventually leading to a trial in one of the medieval common law courts.
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.