We'll study the administration of justice in England and Wales. Scotland has it's own courts and system. Civil and criminal justice have come close to each other. They must be treated separately because they are very different in particular in the point of view of appeals and the procedure. Many courts today exercise both jurisdictions. At the beginning of the development of the common law, the court denoted the royal court. But later, it became the place where the sovereign gave justice through it's judges. Today, it may mean the place where justice is given, the judge or judges sitting in a court or one court or a set of courts which does not sit as such but which is composed of several distinct courts. One distinguishes the inferior and the superior court. Others distinguish the courts of record and those which are not of record. Others distinguish the ordinary and the law tribunals. A court of law is a court established to exercise the judicial power of the state. This definition is to be found in the 1980 Attorney General (AG). If the body is established for an administrative purpose, it is a tribunal and not a court. Tribunals are considered inferior to the ordinary court of law. The courts of normal jurisdiction have to be distinguished with the courts of special jurisdiction.
[...] Having obtained that, he is a “secured creditor”. He must register the charge. If it is necessary to enforce the charge, the creditor must then obtain an order for sale On bank accounts and other debts owed to judgment debtor If the creditor wants to enforce On bank accounts and other debts owed to judgment debtor The judgment debtor is himself the creditor of an other person. Then, the judgment creditor may obtain an order that the debt owed by a 3rd party be paid to him. [...]
[...] Following that decision, a retrial can be ordered. Permission to appeal before the House of Lord would not be granted: there is other way to do justice than reopen the case ( this happened very rarely. Each judge sitting on the Court of Appeal is entitled to deliver his own separate judgement. III. Appeals From the Court of Appeal, there is a further appeal to the House of Lords but only with leave, permission of either court. The permission will be asked first from the Court of Appeal, if it is refused but it, a petition (requete écrite) can be made to the Appeal Committee of the House of Lords. [...]
[...] In particular, no one should be punished except for some legally defined crime (=any criminal offence). More broadly, no one can be lawfully made to suffer in body or goods except for a distinct breach of the law, established in the ordinary legal manner before the ordinary courts of law. The principle of legality, when it is applied to the powers of the government, means the absence of arbitrary power on its part. That principle requires that every governmental authority (central and local authorities) which does some act which would otherwise be wrong such as taking once land by compulsory purchase (=expropriation pour cause d'utilité publique) or which infringes (=porte atteinte) a man's liberty such as refusing him a planning permission, must be able to justify its action as authorised by law. [...]
[...] The Divisional Court of the QBD hear applications requêtes) for the writ of Habeas corpus from persons alleging that they are unlawfully detained. If Habeas Corpus concerns an application by a parent or a guardian tuteur) concerning the custody la garde) of a minor. That application is heard in Habeas Corpus in the Family Division. III. Appeals A. Characters of the appeals in English law That part concerns the appeal in general in England and Wales. Appeals are statutory The Appeals in English law are all statutory i. e. no right of appeal exists in the absence of an explicit statutory provision. [...]
[...] In the Court of Appeal is limited to the review of the decision of the lower court : there is no actual rehearing of the case. As a general rule, the Court of Appeal will not receive new evidence oral or documentary, which was not before the lower court. For the Court of Appeal to allow an appeal, it is necessary to show that the decision of the lower court was wrong or unjust because of some serious procedural or other irregularity in the proceedings in the lower court. [...]
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