Case law is a set of past rulings by tribunals that meet their respective jurisdictions' rules to be cited as precedent. These interpretations are distinguished from statutory law, which are the statutes and codes enacted by legislative bodies, regulatory law, which are regulations established by executive agencies based on statutes; the term "case law" is applied to any set of previous rulings by an adjudicatory tribunal that guides future rulings. In common law countries the term is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, other bodies discharging adjudicatory functions. In common law countries, "case law" is a near-exact synonym for "common law". In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Unlike most civil law systems, common law systems follow the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases, all lower courts should make decisions consistent with previous decisions of higher courts.
For example, in England, the High Court and the Court of Appeal are each bound by their own previous decisions, but the Supreme Court of the United Kingdom is able to deviate from its earlier decisions, although in practice it does so. Speaking, higher courts do not have direct oversight over the lower courts of record, in that they cannot reach out on their own initiative at any time to overrule judgments of the lower courts; the burden rests with litigants to appeal rulings to the higher courts. If a judge acts against precedent and the case is not appealed, the decision will stand. A lower court may not rule against a binding precedent if it feels that it is unjust. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, wishes to evade it and help the law evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases. If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal overruling the previous case law by setting a new precedent of higher authority.
This may happen several times. Lord Denning, first of the High Court of Justice of the Court of Appeal, provided a famous example of this evolutionary process in his development of the concept of estoppel starting in the High Trees case: Central London Property Trust Ltd v. High Trees House Ltd K. B. 130. The different roles of case law in civil and common law traditions create differences in the way that courts render decisions. Common law courts explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, an exegesis of the wider legal principles; the necessary analysis constitutes a precedent binding on other courts. By contrast, decisions in civil law jurisdictions are very short, referring only to statutes; the reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should be able to deduce the logic from the decision and the statutes, so that, in some cases, it is somewhat difficult to apply previous decisions to the facts presented in future cases.
Some pluralist systems, such as Scots law in Scotland and so-called civil law jurisdictions in Quebec and Louisiana, do not fit into the dual "common-civil" law system classifications. Such systems may have been influenced by the Anglo-American common law tradition; because of their position between the two main systems of law, these types of legal systems are sometimes referred to as "mixed" systems of law. Law professors in common law traditions play a much smaller role in developing case law than professors in civil law traditions; because court decisions in civil law traditions are brief and not amenable to establishing precedent, much of the exposition of the law in civil law traditions is done by academics rather than by judges. Common law courts relied little on legal scholarship. Today academic writers are cited in legal argument and decisions as persuasive authority, thus common law systems are adopting one of the approaches long common in civil law jurisdictions. Judges may refer to various types of persuasive authority to reach a decision in a case.
Cited non-binding sources include legal encyclopedias such as Corpus Juris Secundum and Halsbury's Laws of England, or the published work of the Law Commission or the American Law Institute. Some bodies are given statu
Your Honour and Your Honor redirect here. For a list of English honorifics, see Style. For other uses, see Your Honour A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges; the powers, method of appointment and training of judges vary across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open court; the judge hears all the witnesses and any other evidence presented by the barristers of the case, assesses the credibility and arguments of the parties, issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might be an examining magistrate; the ultimate task of a judge is to settle a legal dispute in a final and public manner, thus affirm the rule of law. Judges exercise significant governmental power, they can order police, military or judicial officials to execute searches, imprisonments, distrainments, seizures and similar actions.
However, judges supervise that trial procedures are followed, in order to ensure consistency and impartiality and avoid arbitrariness. The powers of a judge are checked by higher courts such as supreme courts. Before the trial, a pre-trial investigation collecting the facts has been conducted by police officials, such as police officers and coroners, prosecutors or public procurators; the court has three main trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge varies between legal systems. In an adversarial system, as in effect in the U. S. and England, the judge functions as an impartial referee ensuring correct procedure, while the prosecution and the defense present their case to a jury selected from common citizens. The main factfinder is the jury, the judge will finalize sentencing. In smaller cases judges can issue summary judgments without proceeding to a jury trial. In an inquisitorial system, as in effect in continental Europe, there is no jury and the main factfinder is the judge, who will do the presiding and sentencing on his own.
As such, the judge is expected to apply the law directly, as in the French expression Le juge est la bouche de la loi. Furthermore, in some system investigation may be conducted by the judge, functioning as an examining magistrate. Judges may work alone in smaller cases, but in criminal and other significant cases, they work in a panel. In some civil law systems, this panel may include lay judges. Unlike professional judges, lay judges are not trained, but unlike jurors, lay judges are volunteers and may be politically appointed. Judges are assisted by law clerks and notaries in legal cases and by bailiffs or similar with security. There are professional judges. A volunteer judge, such as an English magistrate, is not required to have legal training and is unpaid. Whereas, a professional judge is required to be educated. S. this requires a degree of Juris Doctor. Furthermore, significant professional experience is required. S. judges are appointed from experienced attorneys. Judges are appointed by the head of state.
In some U. S. jurisdictions, judges are elected in a political election. Impartiality is considered important for rule of law. Thus, in many jurisdictions judges may be appointed for life, so that they cannot be removed by the executive. However, in non-democratic systems, the appointment of judges may be politicized and they receive instructions on how to judge, may be removed if their conduct doesn't please the political leadership. Judges must be able to research and process extensive lengths of documents and other case material, understand complex cases and possess a thorough understanding of the law and legal procedure, which requires excellent skills in logical reasoning and decision-making. Excellent writing skills are a necessity, given the finality and authority of the documents written. Judges work with people all the time. Judges are required to have good moral character, i.e. there must be no history of crime. Professional judges enjoy a high salary, in the U. S. the median salary of judges is $101,690 per annum, federal judges earn $208,000–$267,000 per annum.
A variety of traditions have become associated with the occupation. Gavels are used by judges in many countries, to the point that the gavel has become a symbol of a judge. In many parts of the world, judges sit on an elevated platform during trials. American judges wear black robes. American judges have ceremonial gavels, although American judges have court deputies or bailiffs and contempt of court power as their main devices to maintain decorum in the courtroom. However, in some of the Western United States, like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts, such as the Maryland Court of Appeals wear distinct dress. In Italy and Portugal, both judges and lawyers wear particular black robes. In some countries in the Commonwealth of Nations, judges wear wigs; the long wig associated with judges is now reserved for ceremonial occasions, although it was par
A statute is a formal written enactment of a legislative authority that governs a city, state, or country. Statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies. In all countries, newly enacted statutes are published in a Government gazette, distributed so that everyone can look up the statutory law. A universal problem encountered by lawmakers throughout human history is how to organize published statutes; such publications have a habit of starting small but growing over time, as new statutes are enacted in response to the exigencies of the moment. Persons trying to find the law are forced to sort through an enormous number of statutes enacted at various points in time to determine which portions are still in effect; the solution adopted in many countries is to organize existing statutory law in topical arrangements within publications called codes ensure that new statutes are drafted so that they add, repeal or move various code sections. In turn, in theory, the code will thenceforth reflect the current cumulative state of the statutory law in that jurisdiction.
In many nations statutory law is subordinate to constitutional law. The term statute is used to refer to an International treaty that establishes an institution, such as the Statute of the European Central Bank, a protocol to the international courts as well, such as the Statute of the International Court of Justice and the Rome Statute of the International Criminal Court. Statute is another word for law; the term was adapted from England in about the 18th century. In the Autonomous Communities of Spain, the autonomy statute is a legal document similar to a state constitution in a federated state; the autonomies statutes in Spain have the rank of "Ley Organica", a category of special laws reserved only for the main institutions and issues and mentioned in the Constitution. Leyes Organicas rank between ordinary laws; the name was chosen, among others. In biblical terminology, statute refers to a law given without any justification; the classic example is the statute regarding the Red Heifer. The opposite of a chok is a mishpat, a law given for a specified reason, e.g. the Sabbath laws, which were given because "God created the world in six days, but on the seventh day He rested".
That which upholds, supports or maintains the regulatory order of the universe meaning the Law or Natural Law. This is a concept of central importance in Indian religion. Constitution Legislation Legislature Organic statute Statutory law Super statute
Canada is a country in the northern part of North America. Its ten provinces and three territories extend from the Atlantic to the Pacific and northward into the Arctic Ocean, covering 9.98 million square kilometres, making it the world's second-largest country by total area. Canada's southern border with the United States is the world's longest bi-national land border, its capital is Ottawa, its three largest metropolitan areas are Toronto and Vancouver. As a whole, Canada is sparsely populated, the majority of its land area being dominated by forest and tundra, its population is urbanized, with over 80 percent of its inhabitants concentrated in large and medium-sized cities, many near the southern border. Canada's climate varies across its vast area, ranging from arctic weather in the north, to hot summers in the southern regions, with four distinct seasons. Various indigenous peoples have inhabited what is now Canada for thousands of years prior to European colonization. Beginning in the 16th century and French expeditions explored, settled, along the Atlantic coast.
As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces; this began an accretion of provinces and territories and a process of increasing autonomy from the United Kingdom. This widening autonomy was highlighted by the Statute of Westminster of 1931 and culminated in the Canada Act of 1982, which severed the vestiges of legal dependence on the British parliament. Canada is a parliamentary democracy and a constitutional monarchy in the Westminster tradition, with Elizabeth II as its queen and a prime minister who serves as the chair of the federal cabinet and head of government; the country is a realm within the Commonwealth of Nations, a member of the Francophonie and bilingual at the federal level. It ranks among the highest in international measurements of government transparency, civil liberties, quality of life, economic freedom, education.
It is one of the world's most ethnically diverse and multicultural nations, the product of large-scale immigration from many other countries. Canada's long and complex relationship with the United States has had a significant impact on its economy and culture. A developed country, Canada has the sixteenth-highest nominal per capita income globally as well as the twelfth-highest ranking in the Human Development Index, its advanced economy is the tenth-largest in the world, relying chiefly upon its abundant natural resources and well-developed international trade networks. Canada is part of several major international and intergovernmental institutions or groupings including the United Nations, the North Atlantic Treaty Organization, the G7, the Group of Ten, the G20, the North American Free Trade Agreement and the Asia-Pacific Economic Cooperation forum. While a variety of theories have been postulated for the etymological origins of Canada, the name is now accepted as coming from the St. Lawrence Iroquoian word kanata, meaning "village" or "settlement".
In 1535, indigenous inhabitants of the present-day Quebec City region used the word to direct French explorer Jacques Cartier to the village of Stadacona. Cartier used the word Canada to refer not only to that particular village but to the entire area subject to Donnacona. From the 16th to the early 18th century "Canada" referred to the part of New France that lay along the Saint Lawrence River. In 1791, the area became two British colonies called Upper Canada and Lower Canada collectively named the Canadas. Upon Confederation in 1867, Canada was adopted as the legal name for the new country at the London Conference, the word Dominion was conferred as the country's title. By the 1950s, the term Dominion of Canada was no longer used by the United Kingdom, which considered Canada a "Realm of the Commonwealth"; the government of Louis St. Laurent ended the practice of using'Dominion' in the Statutes of Canada in 1951. In 1982, the passage of the Canada Act, bringing the Constitution of Canada under Canadian control, referred only to Canada, that year the name of the national holiday was changed from Dominion Day to Canada Day.
The term Dominion was used to distinguish the federal government from the provinces, though after the Second World War the term federal had replaced dominion. Indigenous peoples in present-day Canada include the First Nations, Métis, the last being a mixed-blood people who originated in the mid-17th century when First Nations and Inuit people married European settlers; the term "Aboriginal" as a collective noun is a specific term of art used in some legal documents, including the Constitution Act 1982. The first inhabitants of North America are hypothesized to have migrated from Siberia by way of the Bering land bridge and arrived at least 14,000 years ago; the Paleo-Indian archeological sites at Old Crow Flats and Bluefish Caves are two of the oldest sites of human habitation in Canada. The characteristics of Canadian indigenous societies included permanent settlements, complex societal hierarchies, trading networks; some of these cultures had collapsed by the time European explorers arrived in the late 15th and early 16th centuries and have only been discovered through archeological investigations.
The indigenous population at the time of the first European settlements is estimated to have been between 200,000
Arbitration, a form of alternative dispute resolution, is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons, which renders the "arbitration award". An arbitration award is binding on both sides and enforceable in the courts. Arbitration is used for the resolution of commercial disputes in the context of international commercial transactions. In certain countries such as the United States, arbitration is frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration commercial arbitration. Arbitration can be either binding or non-binding. Non-binding arbitration is similar to mediation in. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the arbiter remains removed from the settlement process and will only give a determination of liability and, if appropriate, an indication of the quantum of damages payable.
By one definition arbitration is binding and non-binding arbitration is therefore technically not arbitration. Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding. There are limited rights of appeal of arbitration awards. Arbitration is not the same as: judicial proceedings, alternative dispute resolution, expert determination, mediation. Parties seek to resolve disputes through arbitration because of a number of perceived potential advantages over judicial proceedings. Companies require arbitration with their customers, but prefer the advantages of courts in disputes with competitors: In contrast to litigation, where one cannot "choose the judge", arbitration allows the parties to choose their own tribunal; this is useful when the subject matter of the dispute is technical: arbitrators with an appropriate degree of expertise can be chosen. Arbitration is faster than litigation in court.
Arbitral proceedings and an arbitral award are non-public, can be made confidential. In arbitral proceedings the language of arbitration may be chosen, whereas in judicial proceedings the official language of the country of the competent court will be automatically applied; because of the provisions of the New York Convention 1958, arbitration awards are easier to enforce in other nations than court verdicts. In most legal systems there are limited avenues for appeal of an arbitral award, sometimes an advantage because it limits the duration of the dispute and any associated liability; some of the disadvantages include: Arbitration agreements are sometimes contained in ancillary agreements, or in small print in other agreements, consumers and employees do not know in advance that they have agreed to mandatory binding pre-dispute arbitration by purchasing a product or taking a job. If the arbitration is mandatory and binding, the parties waive their rights to access the courts and to have a judge or jury decide the case.
If the arbitrator or the arbitration forum depends on the corporation for repeat business, there may be an inherent incentive to rule against the consumer or employee There are limited avenues for appeal, which means that an erroneous decision cannot be overturned. Although thought to be speedier, when there are multiple arbitrators on the panel, juggling their schedules for hearing dates in long cases can lead to delays. In some legal systems, arbitration awards have fewer enforcement options than judgments. Arbitrators are unable to enforce interlocutory measures against a party, making it easier for a party to take steps to avoid enforcement of member or a small group of members in arbitration due to increasing legal fees, without explaining to the members the adverse consequences of an unfavorable ruling. Discovery may be more limited in arbitration or nonexistent; the potential to generate billings by attorneys may be less than pursuing the dispute through trial. Unlike court judgments, arbitration awards themselves are not directly enforceable.
A party seeking to enforce an arbitration award must resort to judicial remedies, called an action to "confirm" an award. By their nature, the subject matter of some disputes is not capable of arbitration. In general, two groups of legal procedures cannot be subjected to arbitration: Procedures which lead to a determination which the parties to the dispute may not enter into an agreement upon: Some court procedures lead to judgments which bind all members of the general public, or public authorities in their capacity as such, or third parties, or wh
Forum selection clause
A forum selection clause in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum. They operate in conjunction with a choice of law clause which determines the proper law of the relevant contract. There are three principal types of clause: that all disputes must be litigated in a particular court in a jurisdiction agreed upon by the parties. A simple forum selection clause covering both the proper law of the contract and the forum for resolving disputes might read: “This contract is governed by the laws of England and any dispute shall be resolved by the English courts.”Where the clause chooses a particular jurisdiction for the resolution of disputes, it may do so either as an exclusive jurisdiction clause or a non-exclusive jurisdiction clause. An exclusive jurisdiction clause mandates that all disputes must be resolved by a particular court, whereas a non-exclusive clause confirms that a particular court may be used by the relevant parties, but does not preclude a party from commencing proceedings in another court if they wish to do so.
In many cross-border contracts, the forum for resolving disputes may not be the same as the country whose law governs the contract. And the contract may provide for a staged procedure for resolving disputes. For example: “1; this agreement shall be interpreted in accordance with the laws of England. 2. The parties shall endeavour to settle any dispute that arises by direct negotiation between their managing directors or similar senior executives but if direct negotiation does not result in a resolution of the dispute, either Party may require that it be referred to mediation in accordance with the CEDR Mediation Rules at present in force. 3. Any dispute, not settled by direct negotiation or by mediation shall be settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.” The choice of law stage in a conflict case requires the forum court to decide which of several competing laws should be applied to resolve the dispute.
In this, there is an important distinction to be made between a forum selection clause and a choice of law clause. As an application of the public policy of freedom of contract, the parties are free to nominate the proper law under which all relevant disputes will be resolved. If there is an express selection, this choice will be respected so long as it is made bona fide, i.e. the subjective intention prevails unless the purpose is to: evade the operation of some mandatory provisions of a relevant law, there was an element of fraud or duress or undue influence involved in the signing of the contract, or there was some other evidence of mala fides. But, if the parties do no more than nominate a forum, this is no more than an indication that they intend that forum's law to apply. There are many reasons why parties may select a forum: the forum has established significant expertise in the relevant areas of law, e.g. shipping, carriage by air, etc.. If the parties have selected a jurisdiction as the place for the resolution of a dispute, the implication is that the courts may apply their lex fori which includes their general choice of law principles.
Thus, in the ordinary course of legal events, the forum court may identify and apply a foreign law as the proper law. The majority of professionally drafted contracts will address both issues, contain clauses specifying both the forum and the law to be applied therein; the fact that the particular contract only specifies the forum therefore becomes revealing as implying that the parties intended to leave the choice of law issue to the forum nominated. Forum selection clauses have been criticised by a minority of courts as improper attempts to divest them of personal jurisdiction over the parties; because of this, some jurisdictions refuse to give effect to these clauses, declaring them to be void as against public policy. However, most jurisdictions now recognise and enforce forum selection clauses, so long as the parties were acting in good faith. Although most contractual clauses are enforced by way of either an award of damages for breach or by an injunction to restrain breach, the operation of jurisdiction clauses tends to operate at the interlocutory stage of a dispute.
The existence of a jurisdiction clause in an agreement will operate to enable a court to take jurisdiction in a particular matter, or may provide strong grounds for another court to decline jurisdiction. Such clauses are sometimes enforced against proceedings in foreign courts by use of an anti-suit injunction. Although it is theoretically possible to sue for damages for bringing proceedings in breach of a jurisdiction clause, examples are rare. In
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent in common law jurisdictions. Private individuals can create binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process; the formation of laws themselves may be influenced by a constitution, written or tacit, the rights encoded therein. The law shapes politics, economics and society in various ways and serves as a mediator of relations between people. A general distinction can be made between civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, common law systems, where judge-made precedent is accepted as binding law.
Religious laws played a significant role in settling of secular matters, is still used in some religious communities. Islamic Sharia law is the world's most used religious law, is used as the primary legal system in some countries, such as Iran and Saudi Arabia; the adjudication of the law is divided into two main areas. Criminal law deals with conduct, considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law deals with the resolution of lawsuits between individuals and/or organizations. Law provides a source of scholarly inquiry into legal history, economic analysis and sociology. Law raises important and complex issues concerning equality and justice. Numerous definitions of law have been put forward over the centuries; the Third New International Dictionary from Merriam-Webster defines law as: "Law is a binding custom or practice of a community. The Dictionary of the History of Ideas published by Scribner's in 1973 defined the concept of law accordingly as: "A legal system is the most explicit, institutionalized, complex mode of regulating human conduct.
At the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are of great importance." There have been several attempts to produce "a universally acceptable definition of law". In 1972, one source indicated. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used, he said that, for example, "early customary law" and "municipal law" were contexts where the word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is equally obvious that the struggle to define that word should not be abandoned, it is possible to take the view that there is no need to define the word "law". The history of law links to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code, broken into twelve books.
It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements. Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; the most intact copy of these stelae was discovered in the 19th century by British Assyriologists, has since been transliterated and translated into various languages, including English, Italian and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society; the small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law, human decree and custom.
Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Roman law was influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were sophisticated. Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I. Although codes were replaced by custom and case law during the Dark Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts. Latin legal maxims were compiled for guidance. In medieval England, royal