Legal System and Method 3
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A Handbook of Citation Form for Law Clerks at the Appellate Courts of the State of Hawai#I
A HANDBOOK OF CITATION FORM FOR LAW CLERKS AT THE APPELLATE COURTS OF THE STATE OF HAWAI ###I 2008 Edition Hawai #i State Judiciary 417 South King Street Honolulu, HI 96813 TABLE OF CONTENTS I. CASES............................................ .................... 2 A. Basic Citation Forms ............................................... 2 1. Hawai ###i Courts ............................................. 2 a. HAWAI #I SUPREME COURT ............................... 2 i. Pre-statehood cases .............................. 2 ii. Official Hawai #i Reports (volumes 1-75) ............. 3 iii. West Publishing Company Volumes (after 75 Haw.) . 3 b. INTERMEDIATE COURT OF APPEALS ........................ 3 i. Official Hawai #i Appellate Reports (volumes 1-10) . 3 ii. West Publishing Company Volumes (after 10 Haw. App.) .............................................. 3 2. Federal Courts ............................................. 4 a. UNITED STATES SUPREME COURT ......................... 4 b. UNITED STATES COURTS OF APPEALS ...................... 4 c. DISTRICT COURTS ...................................... 4 3. Other State Courts .......................................... 4 B. Case Names ................................................... 4 1. Case Names in Textual Sentences .............................. 5 a. ACTIONS AND PARTIES CITED ............................ 5 b. PROCEDURAL PHRASES ................................. 5 c. ABBREVIATIONS ....................................... 5 i. in textual sentences .............................. 5 ii. business -
Fusion – Fission – Fusion Pre-Judicature Equity Jurisdiction In
M Leeming, “Fusion-Fission-Fusion: Pre-Judicature Equity Jurisdiction in New South Wales 1824- 1972 in J Goldberg et al (eds), Equity and Law: Fusion and Fission (Cambridge UP 2019), 118-143. Fusion – Fission – Fusion Pre-Judicature Equity Jurisdiction in New South Wales 1824 - 1972 Mark Leeming* Introduction Here is a vivid account of the pre-Judicature Act system which prevailed in New South Wales at the end of the nineteenth century and its origins: To the litigant who sought damages before an Equity Judge, a grant of Probate before a Divorce Judge or an injunction before a Common Law Judge, there could be no remedy. He had come to the wrong Court, so it was said. He might well have enquired on what historical basis he could thus be denied justice. It cannot be questioned that the Court required specialization to function properly and that a case obviously falling within one jurisdiction ought not to be heard by a Judge sitting in another jurisdiction. Yet from this the fallacious extension was made that a Judge sitting in one jurisdiction could not in any circumstances hear a case which ought to have originated in another jurisdiction.1 The words are those of the distinguished Australian legal historian J.M. Bennett. There is no doubt that the jurisdictions at common law and in equity came to be treated in many respects as if they were separate courts, despite the failure of sustained efforts to create a separate equity court; despite it being clear that there was a single Supreme Court of New South Wales with full jurisdiction at common law and in equity; and despite efforts by its first Chief Justice, Sir Francis Forbes, in the opposite direction. -
Principles of Administrative Law 1
CP Cavendish Publishing Limited London • Sydney EDITORIAL ADVISORY BOARD PRINCIPLES OF LAW SERIES Professor Paul Dobson Visiting Professor at Anglia Polytechnic University Professor Nigel Gravells Professor of English Law, Nottingham University Professor Phillip Kenny Professor and Head of the Law School, Northumbria University Professor Richard Kidner Professor and Head of the Law Department, University of Wales, Aberystwyth In order to ensure that the material presented by each title maintains the necessary balance between thoroughness in content and accessibility in arrangement, each title in the series has been read and approved by an independent specialist under the aegis of the Editorial Board. The Editorial Board oversees the development of the series as a whole, ensuring a conformity in all these vital aspects. David Stott, LLB, LLM Deputy Head, Anglia Law School Anglia Polytechnic University Alexandra Felix, LLB, LLM Lecturer in Law, Anglia Law School Anglia Polytechnic University CP Cavendish Publishing Limited London • Sydney First published in Great Britain 1997 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX. Telephone: 0171-278 8000 Facsimile: 0171-278 8080 e-mail: [email protected] Visit our Home Page on http://www.cavendishpublishing.com © Stott, D and Felix, A 1997 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyright Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the permission in writing of the publisher. -
Principles of Tort Law Rachael Mulheron Frontmatter More Information
Cambridge University Press 978-1-108-72764-8 — Principles of Tort Law Rachael Mulheron Frontmatter More Information Principles of Tort Law Presenting the law of Tort as a body of principles, this authoritative textbook leads students to an incisive and clear understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences, and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by numerous diagrams and tables, which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, while key reform pro posals and leading cases from other jurisdictions illustrate different potential solutions to conun- drums in Tort law. A rich companion website, featuring semesterly updates, and ten additional chapters and sections on more advanced areas of Tort law, completes the learning package. Written speciically for students, the text is also ideal for practitioners, litigants, policy-makers, and law reformers seeking a comprehensive and accurate understanding of the law. Rachael Mulheron is Professor of Tort Law and Civil Justice at the School of Law, Queen Mary University of London, where she has taught since 2004. Her principal ields of academic research concern Tort law and class actions jurisprudence. She publishes regularly in both areas, and has frequently assisted law reform commissions, government departments, and law irms on Tort-related and collective redress- related matters. Professor Mulheron also undertakes extensive law reform work, previously as a member of the Civil Justice Council of England and Wales, and now as Research Consultant for that body. -
PLEASE NOTE This Is a Draft Paper Only and Should Not Be Cited Without
PLEASE NOTE This is a draft paper only and should not be cited without the author’s express permission THE SHORT-TERM IMPACT OF THE >GLORIOUS REVOLUTION= ON THE ENGLISH JUDICIAL SYSTEM On February 14, 1689, The day after William and Mary were recognized by the Convention Parliament as King and Queen, the first members of their Privy Council were sworn in. And, during the following two to three weeks, all of the various high offices in the government and the royal household were filled. Most of the politically powerful posts went either to tories or to moderates. The tory Earl of Danby was made Lord President of the Council and another tory, the Earl of Nottingham was made Secretary of State for the Southern Department. The office of Lord Privy Seal was given to the Atrimming@ Marquess of Halifax, whom dedicated whigs had still not forgiven for his part in bringing about the disastrous defeat of the exclusion bill in the Lords= house eight years earlier. Charles Talbot, Earl of Shrewsbury, who was named Principal Secretary of State, can really only be described as tilting towards the whigs at this time. But, at the Admiralty and the Treasury, both of which were put into commission, in each case a whig stalwart was named as the first commissioner--Lord Mordaunt and Arthur Herbert respectivelyBand also in each case a number of other leading whigs were named to the commission as well.i Whig lawyers, on the whole, did rather better than their lay fellow-partisans. Devonshire lawyer and Inner Temple Bencher Henry Pollexfen was immediately appointed Attorney- General, and his cousin, Middle Templar George Treby, Solicitor General. -
Introduction to the History of Common Law
Rechtswissenschaftliche Fakultät Introduction to the History of Common Law Elisabetta Fiocchi Malaspina Rechtswissenschaftliche Fakultät 29.09.2020 Seite 2 Rechtswissenschaftliche Fakultät Dillon, Laws and Jurisprudence of England and America, Boston 1894, p. 155 The expression, "the common law," is used in various senses: (a) sometimes in distinction from statute law; (b) sometimes in distinction from equity law c) sometimes in distinction from the Roman or civil law […] . I deal with the fact as it exists, which is that the common law is the basis of the laws of every state and territory of the union, with comparatively unimportant and gradually waning exceptions. And a most fortunate circumstance it is, that, divided as our territory is into so many states, each supreme within the limits of its power, a common and uniform general system of jurisprudence underlies and pervades them all; and this quite aside from the excellences of that system, concerning which I shall presently speak. My present point is this: That the mere fact that one and the same system of jurisprudence exists in all of the states, is of itself of vast importance, since it is a most powerful agency in promoting commercial, social, and intellectual intercourse, and in cementing the national unity”. 29.09.2020 Seite 3 Rechtswissenschaftliche Fakultät Common Law Civil law Not codified Law (exceptions: statutes) Codified law role of judges: higher judicial role of judges: lower judicial discretion discretion, set precedents No clear separation between public Separation -
English Law and Terminology
English Law and Terminology. JUSTINE K. COLLINS Objectives. To provide a introductory insight into English law, legal system and legal culture. To illustrate the important aspects of English legal culture. Course Content. Week 1 Class 1: Exploring the Characteristics of Legal Language & Depicting what is English Common Law. (November 21st). Week 1 Class 2: Identifying and defining the Sources of English Common Law. (November 21st). Week 2 Class 1: Examining the English Court System. (November 28th). Week 2 Class 2: Analysis of Legal Personnel. (November 28th). Week 3 Class 1: A look at an English Trial System.. (December 12th). Week 3 Class 2: An Introduction to the English Pre-Trial Civil Procedure. (December 12th). Week 4 Class 1: Exploring English Constitutional Law. (December 19th). Week 4 Class 2: A look at English Legal History (legal transfer from England to the British Caribbean). (December 19th). The Characteristics of English Legal Language. Jargons- Specialised Language Argot- Esoteric use of words. Terms of Art- words with a definitive Words used by legal professionals to avoid long explanations (Blackacre, legal meaning. Whiteacre). Words or terms particular to persons Ordinary words can have different within the legal profession (tort). meanings in a legal context (party, suit, Instrument, consideration). Certain terms of art apply to the entire Traces of French and Latin influences body of law (claimant, defendant, meant that 3 languages were used in appeal). Others refers to specific areas legal expressions. Latin- obiter dicta, ratio decidendi & bona fide. French- of law (consideration, murder, trustee). laches, in lieu & per autre vie. What is Common Law? Historical Development of common Various meanings of common law. -
Justice and the Defence of Rights in England and Wales: the Case Of
Justice and the defence of rights in England and Wales : the case of Equity Anne-Marie O’Connell To cite this version: Anne-Marie O’Connell. Justice and the defence of rights in England and Wales : the case of Equity. Miroirs : Revue des civilisations anglophone, ibérique et ibéro-américaine, Université Toulouse 1 Capi- tole, Département des Langues et Civilisations, 2016, Médiateurs et Défenseurs de Droits en France et dans les mondes hispanique et anglophone, pp.50-65. hal-01325692 HAL Id: hal-01325692 https://hal.archives-ouvertes.fr/hal-01325692 Submitted on 2 Jun 2016 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. 50 Anne-Marie O’CONNELL Justice and the defence of rights in England and Wales : the case of Equity 51 Justice and the defence of rights in Abstract: England and Wales : the case of Equity As the legal system known as Common Law was developing in England, access to Anne-Marie O’Connell justice via the procedural writ system was abruptly limited by the 1258 Provisions University of Toulouse 1 Capitole of Oxford, which denied access to those litigants who could not fit in the existing claim forms and prevented judges from creating new ones. -
Serjeant-At-Law by Francis Watt
The Serjeant-at-Law By Francis Watt have no doubt, at some time or other, walked through Youthe Royal Courts of Justice and admired the judges in their scarlet or other bravery. One odd little detail may have caught your eye : the wigs of three seniors are differenced from those of their brethren by a black patch on the top. It signifies that the wearers are serjeants-at-law, and when the last of them goes to return no more, with him, it seems, will vanish the Order of the Coif. it will be the " end o an auld of a Verily, sang," record stretching back to the beginning of English jurisprudence, of an order whose passing had at one time seemed the passing ot the law itself. Here, in bare outline, I set forth its ancient and as famous history. And, first, to the name. Under the feudal system land was held from the Crown upon various tenures. the holders Sometimes special services were required from ; these were called Serjeants, and the tenure was said to be by serjeanty. Special services, though usually military, now and again had to do with the administration of justice. A man enjoyed his plot because he was coroner, keeper of the peace, summoner, or what over and above the he had the fees of the office. not ; and, land, A few offices, chiefly legal, came to have no land attached were only paid in fees. Such a business was a serjeanty in gross, or at Vol. The Yellow Book X. p large, 246 The Serjeant-at-Law large, as one might say. -
The Barrie Guide to the Law of Evidence 2020
The Barrie Guide to the Law of Evidence 2020 Barrie Goldstone Head of the School of Law London Metropolitan University 0 THE LAW OF EVIDENCE CONTENTS A GENERAL INTRODUCTION 1 INTRODUCTION TO EVIDENCE B TYPES OF EVIDENCE 2 TYPES OF EVIDENCE C THE THREE PILLARS OF EVIDENCE 3 RELEVANCE, ADMISSIBILITY AND WEIGHT D BURDENS OF PROOF 4 THE LEGAL BURDEN OF PROOF 5 THE EVIDENTIAL BURDEN OF PROOF 6 THE REVERSE BURDEN OF PROOF 7 REVERSING THE EVIDENTIAL BURDEN E THE STANDARDS OF PROOF 8 BEYOND ALL REASONABLE DOUBT 9 THE BALANCE OF PROBABILITIES F CONFESSION EVIDENCE 10 INTRODUCTION TO CONFESSIONS 11 THE DEFINITION OF A CONFESSION 12 CONFESSIONS OBTAINED BY OPPRESSION 13 UNRELIABLE CONFESSIONS 14 UNFAIR CONFESSIONS 15 THE COMMON LAW TEST G ACCESS TO LEGAL ADVICE 16 CODE C, PACE s.58 AND ARTICLE 6 17 FRUIT OF THE POISONED TREE 1 H CHARACTER EVIDENCE 18 EVIDENCE OF BAD CHARACTER: Introduction and History 19 EVIDENCE OF BAD CHARACTER: CJA 2003 Definitions 20 EVIDENCE OF BAD CHARACTER: CJA 2003 Gateways 21 THE EXCLUSIONARY DISCRETION 22 THE CHILD DEFENDANT I SILENCE 23 SILENCE AS A CONFESSION 24 THE RIGHT TO REMAIN SILENT: Introduction 25 THE RIGHT TO REMAIN SILENT WHEN INTERVIEWED 26 THE OPERATION OF SECTION 34 27 FOLLOWING LEGAL ADVICE TO REMAIN SILENT J THE RULE AGAINST HEARSAY 28 INTRODUCTION TO HEARSAY 29 HEARSAY: POLICY AND PRACTICE 30 WHAT IS HEARSAY EVIDENCE? 31 THE RULE AGAINST HEARSAY EVIDENCE 32 THE STATUTORY DEFINITION OF HEARSAY EVIDENCE 33 STATUTORY CATEGORIES OF ADMISSIBILITY 34 CASES WHERE THE WITNESS IS UNAVAILABLE 35 CASES INVOLVING -
Research Guide
Research Guide FINDING CASES I. HOW TO FIND A CASE WHEN YOU KNOW THE CITATION A. DECIPHERING LEGAL CITATIONS 1. CASE CITATIONS A case citation includes: the names of the parties, the volume number of the case reporter, the abbreviated name of the reporter, the page number where the case can be found, and the year of the decision. EXAMPLE: Reserve Insurance Co. v. Pisciotta, 30 Cal.3d 800 (1982). Reserve Insurance Co. v. Pisciotta = names of the parties 30 = volume number of the case reporter Cal. = abbreviated name of the case reporter, California Reports 3d = series number of the case reporter, California Reports 800 = page number of the case reporter (1982) = year of the decision 2. ABBREVIATIONS OF REPORTER NAMES The abbreviations used in citations can be deciphered by consulting: a. Prince’s Bieber Dictionary of Legal Abbreviations, 6th ed. (Ref. KF 246 .p74 2009) b. Black's Law Dictionary (Ref. KF 156 .B624 2009). This legal dictionary contains a table of abbreviations. Copies of Black's are located on dictionary stands throughout the library, as well as in the Reference Collection. 3. REPORTERS AND PARALLEL CITATIONS A case may be published in more than one reporter. Parallel citations indicate the different reporters publishing the same case. EXAMPLE: Reserve Insurance Co. v. Pisciotta, 30 Cal.3d 800, 180 Cal. Rptr. 628, 640 P.2d 764 (1982). 02/08/12 (Rev.) RG14 (OVER) This case will be found in three places: the "official" California Reports 3d (30 Cal. 3rd 800); and the two "unofficial" West reporters: the California Reporter (180 Cal. -
California Primary
Sacramento County Public Law Library 609 9th St. Sacramento, CA 95814 saclaw.org (916) 874-6012 >> Home >> Law 101 CALIFORNIA PRIMARY LAW RESOURCES California Law The purpose of this guide is to identify all of the California primary law in the Law Library’s collection, and how to access each type. Primary law includes constitutions and charters, statutes and ordinances, legislative documents, and court opinions (cases) and court rules, and administrative regulations and rulings. Related Guides: California Legislative History Reading Citations Keycite: Alternative to Shepardizing Federal Primary Law West Digests Using Shepard’s® Citation Service BASICS Primary sources are “the law” itself, which we are bound to follow. Secondary sources are materials about the law; they explain and help us to find “the law” in a given situation. Although secondary sources, sometimes called “persuasive authority,” are very useful in legal research, and courts often consider them, no one is legally bound by them. An example of primary law is Deering's California Codes Annotated. This multi-volume set contains California’s statutes, codified (organized by subject) into 29 titles. An example of a secondary source is A Summary of California Law by B.E. Witkin, a critical examination of California law. While Witkin’s analysis is highly regarded and often cited by California courts, it is not “the law.” The Law Library has the majority of California primary law in print or online in Westlaw and Lexis Advance, which may only be used in the Law Library. Westlaw content is organized by type of resource and jurisdiction. Start from the Home Page, select the [State Materials] tab and select [California], then select the type of material you need, for example, [California Proposed & Enacted Legislation].