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Topic: Procedural law


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In the News (Wed 24 Apr 19)

  
  Lawyers for Litigation and Sport and Law - Lawyers for Litigation and Sport and Law
At the law firm Van Diepen Van der Kroef, Litigation is a core activity.
The lawyers in the Litigation practice group are experts in proceedings on the merits of the case, summary proceedings for provisional measures and arbitration procedures.
Law firm Van Diepen Van der Kroef is a specialist in Litigation.
www.vandiepen.com /en/lawyers_procedural_law.html   (117 words)

  
  Law - MSN Encarta
Law, body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members.
Law has also been used as a mechanism for social change; for instance, at various times laws have been passed to inhibit social discrimination and to improve the quality of individual life in matters of health, education, and welfare.
Laws concerning taxation and the regulation of business are in the public area, as is criminal law, which involves the exercise of governmental power by way of enforcement and punishment.
encarta.msn.com /encnet/refpages/RefArticle.aspx?refid=761576108   (1712 words)

  
 Procedural Law
Procedural Law encompasses legal rules governing the process for settlement of disputes (criminal and civil).
Procedural law brings substantive law to life and enables rights and duties to be enforced and defended.
Because procedural law qualifies substantive law it is sometimes referred to as "adjectival" law.
www.thecanadianencyclopedia.com /index.cfm?PgNm=TCE&Params=A1ARTA0006509   (0 words)

  
 European Commission - European Judicial Network - Applicable law - General Information
In theory, there are four sets of law that might have an interest to be applied – the French, the Portuguese, the Italian and the German - and consequently these laws can be regarded as being in “conflict” as to which of them should apply.
The purpose of the conflict of law rules is to determine which substantive law is applicable to a particular legal relationship (contracts, personal injuries, family, successions, matrimonial property regimes, property in general, etc.).
The conflict of law rules are part of what is known as private international law, but despite the name they are not international by origin: historically, every State has its own national system of conflict of law rules.
ec.europa.eu /civiljustice/applicable_law/applicable_law_gen_en.htm   (0 words)

  
 German Law Cases
The areas of life in which this may transpire are numerous and complex: from tax law in all of its threads and the law on professional licensing to, e.g., the law on administrative procedure (for instance, the "stiffening" of examination and study regulations).
The prohibition under public international law on undertaking acts of execution in the sovereign territory of an affected foreign State without its consent exists solely in the interests of States as such, not in the interests of private persons; their reliance that such consent is not accorded is not protected under public international law.
Procedural rules on execution, in particular, the rules on the possibility of executability itself and its extent, therefore cannot be used by the debtor in the sense of an acquired procedural status to oppose his substantive obligations to perform.
www.utexas.edu /law/academics/centers/transnational/work/german-cases/cases_bverg.shtml?22mar1983   (7596 words)

  
  Law - Encyclopedia, History, Geography and Biography
Law is typically administered through a system of courts in which judges (sometimes with the aid of a jury or lay magistrate) hear disputes between parties, and apply a set of rules in order to provide an outcome that is just and fair.
The area of public law, in a general sense, is the law in a given legal system that concerns the legal organisation of the various branches of government and institutions of state, as well as disputes between the government and private persons within the jurisdiction of the country.
Economic analysis of law (or economics and law) is the term usually employed to describe an approach to legal theory that incorporates and applies the methods and ideas of economics to the concepts of law.
www.arikah.net /encyclopedia/Law   (3641 words)

  
 CONSTITUTIONAL ECONOMICS AND CHOICE OF LAW
Hence, if the contract law of either Austria or Virginia or even of both countries contained a mandatory provision banning a certain contractual arrangement, the parties would be free to choose the laws of a third country that would not provide for a similar constraint.
Closer observation, however, reveals that choice of law still remains possible in some meaningful sense: On the one hand, the parties may choose the venue of their litigation and determine thereby, in an international context, also the applicable procedural law.
Differently to the case of "registration" of companies under the laws of Delaware, countries are unable to attract "business" to their jurisdiction by offering a favorable contract law: With respect to the choice of contract law individuals need not migrate; nor is any other factor mobility required.
www.gmu.edu /jbc/fest/files/lewisch.htm   (3168 words)

  
 E Law: Cybercrime Investigation and Prosecution: The Role of Penal and Procedural Law - Text
Therefore, while a country could adopt penal laws specifically targeting the use of computer technology to facilitate the commission of these and other offenses against morality,[123] that is not necessary as long as the country's existing penal laws are broad enough to encompass the activity at issue.
If the laws in question define the offense(s) in generic terms, that will generally be sufficient;[131] with a few exceptions, it is not necessary that the penal law explicitly incorporate the use of computer technology to commit the offense.
For one thing, a country's law enforcement personnel will be familiar with the laws that already exist, having used them in the past; the interpretation of those laws will be clear and their legality under governing national principles will have been tested and established.
www.murdoch.edu.au /elaw/issues/v8n2/brenner82_text.html   (7779 words)

  
 Rule of Law Through Technology : Level 4 Page
The main role of criminal procedural legislation is to provide a fair, equal and due legal process, to protect the individuals' freedoms, the rights and the legal interests of the citizens, to contribute to the strengthening of the rule of law and to the application of the Constitution and laws ruling the country.
The procedural provisions define the rules of the carrying on of criminal proceedings, investigations and the trying of criminal offences as well as the execution of the criminal sentences.
When the original of a procedural act is damaged, is lost or disappeared and for various reasons is not found, the authenticated and certified copy has the value of the original and is put in the place when the original was.
pbosnia.kentlaw.edu /resources/legal/albania/crim_pro.htm   (11729 words)

  
 ACE State Complaints
Procedural law is descriptive and establishes a set of mandatory procedures all schools and districts must follow in delivering special education to students.
However, procedural law is less subject to debate because it describes the types of procedures schools and districts are required to perform.
The procedural safeguards unit of the state department of education is responsible for holding schools accountable for compliance with procedural law by establishing a system where by parents or agencies can file complaints against schools or school districts alleging violations of special education procedural law.
homepage.mac.com /brenn/StateComplaints.htm   (940 words)

  
 Cornell Law Library - Legal Research: About the Law
Criminal matters entail the state seeking imprisonment or fines for violations of the law.
For example, the substantive law of contracts deals with offers and acceptances; the substantive law of torts deals with the duty of care.
The principles of "stare decisis" and precedent underpin common law.
library.lawschool.cornell.edu /Legal_Research/about_the_law.htm   (527 words)

  
 Trest v. Cain, 522 U.S. 87 (1997)
It is not as if the presence of a procedural default deprived the federal court of jurisdiction, for this Court has made clear that in the habeas context, a procedural default, that is, a critical failure to comply with state procedural law, is not a jurisdictional matter.
Trest, and amici supporting him, state that the relevant procedural law (for the purposes of the “procedural default” doctrine) is that of Louisiana, rather than that of Mississippi, for it is Louisiana, not Mississippi, which holds Trest in custody.
And it is not clear whether Mississippi’s procedural law would create a “default” that would bar federal courts from considering whether Louisiana, not Mississippi, could (or could not) use Mississippi convictions to enhance a sentence for a subsequent Louisiana crime.
supct.law.cornell.edu /supct/html/96-7901.ZO.html   (1256 words)

  
 Stetson Law -- Course Description
A survey of the procedural law applicable to civil lawsuits in the United States, with particular emphasis on the federal courts.
The historical background of these laws is viewed in the context of both the direct action movements, and judicial and legislative milestones leading to the prohibition of race discrimination in higher education and employment and voting rights.
Study of the substantive and procedural law pertaining to the convicted criminal offender, including an examination of federal and state decisions affecting correctional personnel and the penal process.
www.law.stetson.edu /registrar/coursedes2.asp   (8812 words)

  
 People's Daily Online -- China to revise Criminal Procedural Law for preventing confessions by torture
The amendment draft of the Criminal Procedural Law will be submitted to the top legislature for deliberation in 2006 and is expected to be voted on for adoption in 2007.
Chinese law experts believe that the Chinese legislature has made a final decision to revise the Criminal Procedural Law, primarily based on a report on the implementation of the Criminal Procedural Law conducted by the Standing Committee of the NPC in 2000.
The Criminal Procedural Law should be revised to establish the principle of presumption of innocence and to allow lawyers to be present during interrogations.
english.peopledaily.com.cn /200507/18/eng20050718_196782.html   (477 words)

  
 Law School - Syracuse University
Procedural and substantive rules of evidence, judicial notice, presumptions and burdens of proof, rules governing the receipt of oral and documentary evidence,impeachment, direct and cross-examination, competency, hearsay, privileges, and the best evidence rules.
The materials raise issues of morality, natural law, divine law, mercy, the limits of advocacy, and ethics, all of which must deeply concern any lawyer who strives to fulfill the true object of his or her profession.
The majority of Criminal Law Clinic cases were closed as a result of obtaining adjournments in contemplation of dismissal, which from the client's viewpoint, is extremely favorable since the client is left with no record of the particular arrest and charge.
www.law.syr.edu /academics/course_list2.asp?cat=40   (6374 words)

  
 One Utah » Blog Archive » Procedural Law of Impeachment
IN that which follows, the first three sections present an analysis of the procedural law of the impeachment process as it operates when no objections or defenses extraneous to the impeachment process itself are raised by the defendant to impede its normal resolution.
It was the English law of impeachment, as summarized in Thomas Jefferson’s Manual of Parliamentary Practice,[28] that was referred to and followed, with some modifications, in the American impeachment cases.
The election procedure was wisely adopted in the Blount case, contrary to the ordinary practice of having investigatory committees appointed by the Speaker, due to a recognized difference of broader non-partisan responsibility to be fulfilled by those selected as managers.
oneutah.org /2007/02/22/procedural-law-of-impeachment   (16309 words)

  
 Features - Introduction to the Swiss Legal System: A Guide for Foreign Researchers | LLRX.com
The route to a new law is a complex and lengthy one.
Law journals are normally published by commercial publishers or legal associations but not by law schools.
Among the law journals that publish articles in English are the Swiss Review of Business Law and Swiss Review of International and European Law.
www.llrx.com /features/swiss.htm   (4378 words)

  
 New Civil Procedural Law for Maritime Claims in Taiwan - SKULD
The Taiwan Civil Procedural Law does not recognize the existence of actions in rem and therefore, no action in rem may be brought directly against the vessel.
The Taiwan Civil Procedural Law does not allow a bond to be lodged with the Court in advance to prevent a possible ship arrest.
The Taiwan Civil Procedural Law allows for the seizure of the debtor’s specific assets to prevent their dissipation or removal from the jurisdiction.
www.skuld.com /templates/Page.aspx?id=360   (1948 words)

  
 Procedural law - Wikipedia, the free encyclopedia
Procedural law comprises the rules by which a court hears and determines what happens in civil or criminal proceedings.
The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.
Lawyers distinguish procedural law from substantive law, which refers to the actual claims and defenses whose validity is tested through the procedures of procedural law.
en.wikipedia.org /wiki/Procedural_law   (109 words)

  
 Subrin Article   (Site not responding. Last check: )
I use intrastate uniformity to describe a state's having the same civil procedural rules in both its state courts and in the federal district courts that are housed within the state.
By the terms "contain" and "containment," I mean to emphasize the limiting effects of previous civil procedures, in the sense that requiring precision in pleadings; limiting the joinder of parties, claims, and remedies; restricting discovery; and confining the facts to be explored by relevancy all tended to put limits on the size of the litigation.
Maitland, almost a century ago, spoke of the attempt at predictability of common law procedure compared to the modern procedure of his day: "Now-a-days all is regulated by general rules with a wide discretion left in the Court.
www.law.ua.edu /lawreview/subrin.htm   (7627 words)

  
 Due Process Issues   (Site not responding. Last check: )
The phrase "due process of law" was first used in England sometime during the 13th or 14th century as synonymous for "law of the land", hence, it was made part of the common law and given a natural law interpretation.
PROCEDURAL DUE PROCESS - how the law is just; source of fairness in the Constitution; decided mostly through Balancing Tests of interests and consideration of error; related to concept of legitimacy; interpretation is the whole phrase "without due process of law" activating the term "without"
The closest thing to substantive due process in the whole of criminal justice procedure is the standard of proof, and that's only because beyond a reasonable doubt is a tough standard.
faculty.ncwc.edu /mstevens/410/410lect06.htm   (2084 words)

  
 Chiara Giovannucci Orlandi
The purpose of this article is to show that, in interpreting international Conventions, all abstract distinctions between substantive and procedural laws become redundant, if not harmful, especially when the parties turn to the courts for equal enforcement of their contractual rights pursuant to these uniform bodies of rules.
The uniform laws bring to national systems changes for which the courts are not always prepared, especially when it comes to their so-called "housekeeping"[13] procedure.
Finally, with respect to the law of evidence, its complexity and strong influence on international disputes is highlighted by the problematic application of the Hague Convention [73] dealing with the taking of evidence abroad.
www.cisg.law.pace.edu /cisg/biblio/orlandi.html   (9468 words)

  
 Key Cases in Procedural Law   (Site not responding. Last check: )
Both subjective (person's efforts to protect their privacy) and objective (privacy right society is willing to protect) expectations must be considered.
Craig 497 U.S. 836 (1990) - one-way, closed-circuit television may be used to allow testimony (as in case of child witness) and does not violate defendant's right to confrontation, as long as other procedural safeguards are maintained.
Deadly force cannot be used to prevent the escape of a suspect unless there is a significant threat of death or injury to the officer or others.
faculty.ncwc.edu /toconnor/procedure.htm   (2534 words)

  
 Federal Law for Procedural Safeguards   (Site not responding. Last check: )
``(4) Procedures designed to ensure that the notice required by paragraph (3) is in the native language of the parents, unless it clearly is not feasible to do so.
``(8) Procedures that require the State educational agency to develop a model form to assist parents in filing a complaint and due process complaint notice in accordance with paragraphs (6) and (7), respectively.
``(i) Administrative Procedures.-- ``(1) In general.-- ``(A) Decision made in hearing.--A decision made in a hearing conducted pursuant to subsection (f) or (k) shall be final, except that any party involved in such hearing may appeal such decision under the provisions of subsection (g) and paragraph (2).
www.ed.state.nh.us /education/laws/FederalLawforProceduralSafeguards.htm   (2119 words)

  
 SSRN-Questioning the Neutrality of Procedural Law: Internet Regulation in Europe through the Lenses of Bourdieu's ...
The thesis advanced is that Bourdieu's notion of capital may offer a view radically different to understanding regulatory law as objective and neutral, and to conceiving action as being initiated to achieve certain policy outcomes.
Based on the assumption that power is at the heart of action, the argument is that the European Commission is predominantly engaged in struggles to remain a crucial locus of governance and maximise its power as a major think-tank.
To follow this intuition, this article questions the extent to which decentralised regulatory techniques have been effective in weakening mechanisms of control, as power may now be exercised in novel and less visible ways and thus be misrecognised.
www.ssrn.com /abstract=513550   (0 words)

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