Wednesday 12 November 2014

Guide To Civil Maritime Litigation

By Christa Jarvis


In some countries, the prosecution is required, however, there are legal (sort of common law) which is optional. On the other hand, in some jurisdictions, even criminal action may be brought by an individual: it may be the victim of crime, thereby acting inir own interests, or people's shares; in any case, under the laws existing individuals usually have only a supplementary or complementary role with respect to public prosecutor (civil maritime litigation).

The popular action is a case of private exercise of public duties. As such it has today in legal nature of exception, being allowed only in certain circumstances expressly permitted by law. The person exercising the power of action (the actor) is thus a legal relationship with person sued (the defendant).

These are the cases of voluntary jurisdiction, which, according to many authors, it is not jurisdictional activity itself but materially administrative activities that law has given to courts, as an exception to principle of separation of powers.

In England, the courts of first instance, by the Magistrates' court must strictly example to comply with latest Crown Court jurisprudence, itself dependent on that of High Court. Still above, is the Court Appeals and, finally, the Judicial Committee of House of Lords, which makes the final and whose law applies to everyone.

The report of case is to be distinguished from the legal relationship related to substantive law to which the implementation process is designed. It has its own premises (procedural requirements. That is, facts whose existence is a necessary condition to justify a power and duty of court to rule on the substantive law; where these conditions are lacking, the report of case is equally outstanding, but with court is a different power and duty to report their absence.

There are, however, ideas that go even further in division between action and substantive law, stating that action is simply due to every citizen the right to sue in courts, regardless of merits of claim that this is done worth. The title of action can be attributed to: subject to holder of substantive law that action is intended to achieve, which acts therefore in his interest. To a public body, the public prosecutor, acting in public interest and to anyone in public interest to which it belongs (action).

The relief sought, that is what actor apply to court, intended as a judicial decision (immediate relief sought) or good in life and in this way seeks to achieve (this request was mediated). The cause of action, ie the title, giving rise to substantive law under which it is asked for the relief sought. These concepts, prepared with reference to civil action, are also referred to other types of action.

These elements are used, in particular, to determine whether an action can be considered the same as a where you have already made the final decision, in which case, according to a principle present in generality and expressed by the maxim ne bis in idem the same action can not be carried out: two actions are identical if they are equal in all respects. The rule of precedent or stare decisis (Latin: stay on the decision) is a rule of law that apply particularly in common law countries.




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