Search results
Results from the WOW.Com Content Network
The Court of Appeal of England and Wales (Civil Division) has affirmed a common law duty to give reasons for a judgment, subject to some exceptions (such as an oral judgment or a summary judgment). [77] The Court also noted that providing reasons for judgment "is a function of due process, and therefore of justice."
Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial. [5] In United States federal courts, JMOL is a creation of Rule 50 of the Federal Rules of Civil Procedure.
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, [1] is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case.
Civil and criminal cases are usually heard in different courts. In jurisdictions based on English common-law systems, the party bringing a criminal charge (in most cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the "plaintiff" or "claimant". In both kinds of action the other party is known as ...
An administrative law judge or hearing officer may oversee the proceedings and render a judgment. In some cases, a civil penalty may be supplemented by other legal process, including administrative sanctions or even criminal charges, and their respective appeals.
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile, or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium); hence, the Justinian Code's title Corpus Juris Civilis.
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.
Such an order may later be overturned or vacated during the litigation; or it may become a final order and judgment, subject then to appeal. In the area of domestic violence, U.S. courts will routinely issue a temporary order of protection (TOP) (or temporary protective order, TPO) to prevent any further violence or threat of violence.