Civil Procedure v. Criminal Procedure Nathan McNeil ENC 1102 34 Week 11 Individual Work Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces‚ estate distribution‚ work men’s comp.‚ injury cases‚ or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government
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provisions of the Code of Civil Procedure‚ 1908. A proviso has been added to Order XVI‚ Rule 19‚ Civil Procedure Code in Punjab with the result that a Court situate in the State of Punjab may require the personal attendance of any witness residing in the State of Punjab or the Union Territory of Delhi. (High Court Notification No. 60 —General IX Y. 8‚ dated the 4th March‚ 1955). 2. Attendance of pardanashin ladies — Under Section 132 of the Code of Civil Procedure‚ 1908‚ women‚ who according
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fact. CIVIL PROCEDURE CLASSIFICATION OF ACTIONS (A) As to nature RULE 1 GENERAL PROVISIONS Section 1. Title of the Rules The Rules of Court are not penal statutes. They cannot be given retroactive effect. They can‚ however‚ be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense. Under the 1987 Constitution‚ the rule-making power of the Supreme Court has the following limitations: 1. It must provide a simplified and inexpensive procedure for the
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Civil Litigation Past Paper June 2010 Question 1 - John Atree director of Great Furniture Direct Ltd (GFD) (a) Mr Atree advises you that GFD has been experiencing a sharp increase in the number of invoices that are not paid on time or at all. He would like your advice about how GFD can recover some of these debts using the staff in their Accounts Department. In particular he would like to know: (i) How does the size of the debt influence the court procedure after issue? (ii) What must be
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Civil law study guide Chapter 1 1. Why does the study of law involve more than simply memorizing rules? simply memorizing the holding or "rule" of a case‚ you must be able to identify the particular factors that led the court to decide the case the way it did‚ and then determine whether those same factors are present in the case you’re now considering. 2. What is legal reasoning? The applying of the legal rules to a client’s specific factual situation 3. What is the doctrine of stare decisis
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Marcos v Ruiz FACTS: * After conducting a preliminary investigation‚ Asst‚ Fiscal of Tagbilaran City filed to RTC Bohol 2 information against Marcos for violation of BP 22. * Marcos appeared during the scheduled arraignment but asked for resetting because his lawyer has just withdrawn from the case. The court granted his request. * Later‚ Marcos was able to settle his obligation with the complainants and the latter executed an Affidavit of Desistance. Because of that‚ Asst. City Fiscal filed a Motion
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One of he most difficult and burning problems in administration of civil justice is of delay. The delay can be addressed from two side’s namely compulsory delay and intentional delay. Compulsory delay is caused due to our age old legal system and intentional delay is caused by the persons who are instrumental in administration of justice and more specifically the lawyers and parties to the suits. three classes of people may be mainly responsibility for delay in disposal of cases. They are court staff
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Title of issue: ‘Observation of Civil Proceedings’ Name (Student): Arjun Singh Course: BBA.LLB P.R.N. No.: 10010224062 Batch: 2010-15 Name of the Court: DISTRICT & SESSION COURT HISAR Date of Observation: 24/02/2015 Case No. I: CS/183/2015 Title of the Case: KALU SINGH v. RAHUL Stage of the case: Prelimnary Hearing Appearance made by the parties: Sh. Ram Chandar Kakkar the ld. Defendant counsel appeared for the defendant i.e. Sh. Rahul. The plaintiff didn’t appear. Proceedings
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ASSESSMENT 1 Overview You are to create your own scenario that relates to a civil matter in which you would issue a claim in the Magistrates Court. In this simulation imagine that you currently work at GarLing Lawyers at Mt Gravatt. (we used this fictitious firm to do your practical tasks in class). You therefore need to consider the following: * taking initial instructions from the plaintiff client; * confirming monetary jurisdiction of the court; * confirming the geographical jurisdiction
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A STUDY ON DELAY IN DISPOSAL OF CIVIL LITIGATION IN BANGLADESH PERSPECTIVE Historical Background:- The age old adage ‘Justice delayed Justice denied’ has control significance for meeting the ends of justice. Delayed justice in the means of inflicting injustice through process of law. Speedy disposal of case is an important condition of ends of justice. The laws contained themselves to protection of the weak against the economically strong. The fisc against corruption‚ the ignorant against the knowledgeable
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