Judge – A judge whose civil and criminal jurisdiction is limited by law. Within the Federal Court, a judicial officer who is entrusted with many contentious and pre-trial tasks. Binding – Release a person on bail or in jail in court. If the bailiff holding a preliminary hearing determines a probable reason to believe that the defendant has committed a crime, the officer will bind himself to the defendant, usually by setting bail for the defendant`s appearance at trial. An agreement is a manifestation of the mutual consent of two or more persons to each other. Agreements are often linked to contracts; However, “agreement” generally has a broader meaning than “contract”,” “negotiation” or “promise”. A contract is a form of agreement that requires additional elements, para. B example a counterparty. Provision – An agreement between lawyers on both sides of the civil or criminal proceedings on any aspect of the case; Like what.
to extend the period of liability, to postpone the date of the hearing or to admit certain facts in the trial. Contract – An agreement between two or more people that creates an obligation to do or not to do a particular thing. A contract must have promised or given something of value, and a reasonable degree of agreement between the parties as to what the contract means. The parties must be legally able to conclude binding agreements. The Court of Appeal distinguished grafton by saying that it “addressed the issue of the validity of a contractual provision according to which the parties “agree not to require a jury in any action, proceeding or counterclaim arising out of or in connection with [the subject matter of the contract]”, and not the validity of a judicial referral agreement. The enforceability of the agreement at issue in Grafton was assessed under Section 631 of the California Code of Civil Procedure, which sets out the circumstances in which the right to a jury trial may be waived. The Grafton Court concluded that Parliament had concluded that the right to a jury trial could only be set aside by the parties to an existing dispute; Therefore, the pre-litigation derogations were inapplicable. Remedies – Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, corrected or compensated. Administrator/Registrar of the Court – An official appointed by the Court to supervise the administrative and extrajudicial activities of the Tribunal. Suspension – Court order terminating a court case. Specific service – A remedy by which a court orders a person who has violated an agreement to do exactly what they have agreed to do.
A special benefit is ordered if damages alone would constitute insufficient compensation. In criminal law, the implied criminal offence of criminal association requires an agreement to commit an unlawful act. An agreement in this context does not need to be explicit; on the contrary, a meeting of minds can be inferred from the facts and circumstances of the case. Plea bargaining or plea bargaining – The process by which an accused person and a prosecutor negotiate a mutually satisfactory decision of a case. The court is not aware of the actual negotiations, but receives an agreement on its approval or rejection. Settlement – An agreement between the parties involved in a lawsuit. Criminal contempt – Criminal contempt is an act committed in defiance of the court or its trial, or that interferes with the administration of justice or tends to discredit the court. Criminal contempt can be direct or indirect. Direct contempt involves disorderly or scandalous conduct in the presence of the judge who interferes with the course of legal proceedings; he is summarily punished (i.e. without a hearing) by a fine or imprisonment. Indirect contempt involves deliberate disobedience to court orders that tend to obstruct justice.
For example, the refusal to enforce lawful court orders, the inability of the trial service, the withholding of evidence and the bribery of a witness are considered indirect criminal contempt. A person charged with indirect contempt is entitled to dismissal and a hearing. On August 21, 2006, the California Court of Appeals issued its opinion in Woodside Homes of California, Inc. v Superior Court (Wheeler) (Case No. C052432), which maintains a contract in which the parties have agreed to submit all future disputes to an arbitrator and not to a jury. While the pros and cons of resolving disputes by reference to the tribunal require careful consideration, the procedure represents a possible alternative for employers who want to avoid the possibility of a jury trial while retaining their ability to appeal an adverse decision. Malicious Abuse of Process – An offence involving the malicious abuse of the power of justice by a litigant. The elements of this offence are: (1) the opening of legal proceedings against the plaintiff by the defendant; (2) an act of the defendant in the application of a procedure that would not be appropriate in the proper prosecution of the application; (3) a principal reason of the defendant for the abuse of process in order to achieve an illegitimate objective; and (4) damages. Third Party – A person, company, organization or government agency that is not actively involved in a legal process, agreement or transaction, but is affected by it.
Merger Clause – Merger clauses stipulate that the written document contains the entire agreement of the parties. The purpose of merger clauses is to ensure that evidence outside the written document is not admissible in court to contradict or supplement the express terms of the written agreement. Arbitrator – A person to whom the court refers an ongoing case to testify, hear the parties, and report to the court. .