A Practical Approach to Civil Procedure-Stuart Sime-Service outside the jurisdictionJurisdictionAuthority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case.-
Responding to a claimA ClaimA claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based.-
Default judgmentJudgmentThe statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision.
Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144)
Supreme Court NetworkOn Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….”
Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022)-
Statements of case-
Track allocation and case -management-
CostsCostsSubject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs. management-
Costs capping and protection-
Requests for further information-
Parties and joinder-
Additional claims
A Practical Approach to Commercial Conveyancing and Property-Robert Abbey-Commercial Property Related Websites-
Authorized Guarantee AgreementContractAn agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. Precedent-
LawLawPositive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Society Standard Form Leases-
Standard Commercial Property Conditions (2nd edn)-
Law Society Practice Note on Mortgage Fraud
Blackstone’s Commentaries on the Laws of England-1765-Blackstone, William, Sir, 1723-1780 Sir William Blackstone’s Commentaries on the Laws of EnglandEngland In EnglandEnglandIn England, the Parliament was originally an advisory body summoned to consult with the monarch, and the courts exercised delegated royal powers, as “lions beneath the throne”.,...
COMPARATIVE CRIMINAL JUSTICE SYSTEMS-Harry R. Dammer and Jay S. Albanese-Organized crimeCrimeA positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor.
transnational organized crime
terrorism measurement
law enforcement
prosecution
sentencing
criminal justice system
human trafficking
trafficking in persons
trafficking in human beings
cybercrime cyber crime
identity theft
transnational policing
CYBERCRIME, ORGANIZED CRIME, AND SOCIETAL RESPONSES: INTERNATIONAL APPROACHES-Emilio C. Viano (editor)-The second part explores illegal trafficking of people, drugs, and other illicit goods as a global phenomenon, aided by the ease of international travel, funds transfer, and communication. Finally, international approaches to crime detection prevention are presented. The work provides case studies and fieldwork that will be relevant across a variety of disciplines and a rich resource for future research.
De legibus-Treatise on Law : Marcus Tullius Cicero-It is my intention to do so; and since you urge me to these discussions, I will endeavour to bring our argument to a conclusion, and if possible, in the course of the day. For I find my predecessor Plato did the same, and got through each legal disquisition in a summer day’s conference. I will, therefore, try to imitate him, and will next speak of magisterial laws; for after those of religionReligion‘The word ‘Religion’ -Re Legion- A group or Collection or a brigade, is a social-cultural construction and Substantially doesn’t exist. Catholic religion is different from Protestant religion. It is not Dharma., the state hath nothing more important-Pergam equidem, et quoniam libitum est vobis me ad haec inpellere, hodierno sermone conficiam, spero, hoc praesertim die; video enim Platonem idem fecisse, omnemque orationem eius de legibus peroratam esse uno aestivo die. Sic igitur faciam, et dicam de magistratibus. Id enim est profecto quod constituta religione rem publieam contineat maxime.
International and Transnational Crime and Justice-Trafficking in persons / smuggling of migrants
Defining the concept of trafficking in persons
Migrant smuggling as a specific crime type
Corruption
Corruption and organized crime
Cybercrime
General types of cybercrime
Terrorism
International terrorism
Judicial Remedies in Public Law-Clive Lewis (2014)-"Providing unrivalled coverage of the full range of judicial remedies available to litigants in public law cases, from judicial review to those which are less common, such as habeas corpus, Judicial Remedies in Public Law: Covers the practice and procedure of relevant remedies; Gives you practical advice from start to finish, guiding you through the options at each stage; Consists of detailed guidance on the law, incorporating all major developments, including principles of important case law, as well as legislative developments, demonstrating how these impact on your work; Gives advice on damages available under tortTortA civil wrong or breach of a duty to another person as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. law, contractContractAn agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. law, restitution and statutory compensation; Provides thorough and comprehensive legal analysis with an accessible approach Includes description and analysis of remedies available under EU law, enabling you to build a stronger case; Deals with the impact of the Human Rights Act 1998, ensuring that you are working from the most up-to-date reference source; Comes endowed with authoritative commentary which can be relied upon for accuracy and acumen."--Publisher's website
Judicial Tug of War-Adam Bonica-Why have Republicans blasted “activist judges,” and why do they support attempts at “reforming” the judiciary – even as it risks public criticisms of interjecting partisanship and politicization? On the other side of the spectrum, why have Democrats decried Republicans’ tactics, choosing to focus instead on ostensibly nonpartisan characteristics such as pedigree and experience? Our answer to these questions is a new framework for thinking about our nationNationA collective consciousness, founded in ancient origin within a geographic area, with definite history and heritage, culture and way of life, language and literature, food and clothing, coupled with a deep understanding of war and peace is to be known as a nation. Rasra is the Vedic word for it.’s courts – the judicial tug of war. The judicial tug of war not only explains current political clashes over America’s courts– such as the fight over Scalia’s seat – but also explains the balance of power between party leaders and the nation’s lawyers.
Law of the Twelve Tables-[451-450 BCE]-The enactment of the Twelve Tables was preceded by a period of discontent and even active agitation, and the relations of the two parties were still in a sort of ferment, and incapable of satisfactory adjustment except by some constitutional reform of more than ordinary comprehensiveness... The first secession of the plebs seems to have been occasioned principally by financial distress.
Legisprudence-A New Theoretical Approach to Legislation Luc J.Wintgens(ed)-Legislation, it is said, is a matter of politics, and politics is not rational. Politics is a power game, which results in compromises framed into a legislative or statutory structure. This power game seems to have its own logic and, most of the timeTimeWhere any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”), the results outweigh any other form of logic.
Paget’s Law of Banking-First published in 1904 Index of The 14th edition Part 1 The Regulatory Framework; 1...
Précis of property law- Lafond Pierre Claude-This work, the author intends to contribute to making people love property law, this branch of legal science with aspects too often presented as off-putting, which nevertheless hides conceptual masterpieces and prodigious examples of coherence as the only one. private law knows how to offer it.
Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present-Keith Whittington-A hundred years ago there were serious and lively debates over whether courts should even have the power to strike down acts of elected legislatures. Those debates are largely in the past. Courts now routinely, almost casually, invalidate legislation. But the reaction judicial review now provokes is rather different. Few argue that judges should abandon the power to review and invalidate the deliberate acts of other government officials.
Rule by Law: Tom Ginsburg-Edition: 2008 Rule by LawLaw Positive command of sovereign or divine. One can be ruled...
The Gladue Principles: A Guide to the Jurisprudence by Benjamin A. Ralston (2021)-The categories of “unique circumstances” that were outlined in Gladue take on meaning by reference to vastly different cultures, histories, experiences, legal traditions, programs, and justice initiatives across Canada. Its broadest principles are now applied in several analogous contexts beyond sentencing and the strict confines of Canadian criminal law.
The Law- by Frédéric Bastiat [1850]-The law is justice—simple and clear, precise and bounded. Every eye can see it, and every mind can grasp it; for justice is measurable, immutable, and unchangeable. Justice is neither more than this nor less than this.
The Seven Lamps of Advocacy – Sir Edward Abbott Parry (1923)-The great advocate is like the great actor: he fills the stage for his span of life, succeeds, gains our applause, makes his last bow, and the curtain falls. Nothing is so elusive as the art of acting, unless indeed it be the sister art of advocacy. You cannot say that the methods of Garrick, Kean or Irving, Erskine, Hawkins or Russell, were the right methods or the only methods, or even that they were the best methods of practising their several arts; you can only say that they succeeded in their day, and that their contemporaries acclaimed them as masters.
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