THE COURT SYSTEM IN THE UK

• Jurisdiction = the power of the court to hear and decide a case or make a certain order; the territorial limits within which the jurisdiction of a court may be exercised. Everywhere else is said to be outside the jurisdiction

• A case of first instance is one which is before a court for the first time, not an appeal - first instance jurisdiction

• Appellate jurisdiction - the power of a higher court to hear appeals from inferior courts

• Judges - state officials with power to adjudicate on disputes and other matters brought before the courts for decision

• In English law all judges are appointed by the Crown, on the advice of the Lord Chancellor or on the advice of the Prime Minister

• All judges are experienced legal practitioners, mostly barristers

• The independence of the higher judiciary is ensured by the principle that they hold office during good behaviour and not at pleasure of the Crown

• The jury is a group of jurors (usually 12) selected at random to decide the facts of a case and give a verdict. Most juries are selected to try crimes but juries are also used in some civil cases (e.g. defamation actions). The judge directs the jury on points of law and sums up the evidence of the prosecution and defence for them, but he must leave the jury to decide all questions of fact themselves.

The jury system: pros and cons

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Court orders and injunctions

1. People who cause trouble in a particular place may be legally prevented from going to that place again. This is known as a banning order.

2. In Britain, if someone is causing someone distress, harm or harassment, the police can apply for an ASBO (Anti-Social Behaviour Order) in order to restrict their behaviour.

3. In a civil case, a court may impose a search order allowing a party to inspect and photocopy or remove a defendant's documents, especially if the defendant might destroy those documents.

4. A promise given to a court (for example, by a vandal who promises not to damage property again) is known as an undertaking.

5. Sometimes a temporary injunction can be imposed on someone until the case goes to court. This is known as a temporary or interlocutory injunction.

6. A restraining order is a court order which tells a defendant not to do something while the court is still making a decision.

7. If someone applies for an injunction against a person with a mental disability, a third party will be appointed to act for that person. This third party is known as a litigation friend.

8. A freezing order or injunction prevents a defendant who has gone abroad from taking all his assets (for example, the money in his bank account) abroad (except for living expenses).

9. If you want to stop a magazine publishing an article about you (or photographs of you) that you do not like, you can apply for a publication injunction.

10. A person who repeatedly harasses, pesters or hits another person might be given a non- non-molestation order to prevent him / her from continuing to do it.

11. If your partner is trying to get you out of your shared home, or if he / she won't let you back into your home, you can apply for an occupation order to remain / get back into the home.

12. Housing injunctions might protect you if you live in a council home and your neighbours are annoying and harassing you, or if you are a private tenant being harassed by your landlord.

13. A Common Law injunction can sometimes be applied for if one partner of an unmarried couple is harassing, assaulting or trespassing on the property of the other.

14. Restitution orders are court orders asking for property to be returned to someone.

15. An order of discharge is a court order releasing someone from bankruptcy.

16. Many injunctions have a penal notice attached, which states that if the injunction is broken, the offender could be sent to prison.

17. Injunctions aimed at preventing violence may carry a power of arrest clause, which allows the police to take the offender into custody if the injunction is broken.

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18. If an injunction is broken, committal proceedings might follow: this is a process in which a court is asked to send the person who has broken the injunction to prison.

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From House of Lords to Supreme Court

• On 30 July 2009, the judicial function of the House of Lords and its role as the final - and highest - appeal court in the UK ended, bringing about a fundamental change to the work and role of the House of Lords.

• A new United Kingdom Supreme Court, separating the judicial function from Parliament (those who make the law from those who interpret it in courts), will open from 1 October 2009 opposite the Houses of Parliament in Parliament Square - formerly the Middlesex Guildhall.

• At the end of July, the Law Lords sat in the Lords Chamber to hear appeals and give the final House of Lords judgments. (www.parliament.uk)

Barristers

In England and Wales, a barrister is a member of one of the Inns of Court (= the four law societies in London to which lawyers are members); he or she has passed examinations and spent one year in pupillage (= training) before being called to the bar (= being fully accepted to practise law). Barristers have the right of audience in all courts in England and Wales: in other words, they have the right to speak, but they do not have that right exclusively.

Magistrates

Magistrates usually work in Magistrates' Courts. These courts hear cases of petty crime, adoption, affiliation, maintenance and violence in the home. The court can commit someone for trial or for sentence in a Crown Court. There are two main types of magistrates: stipendiary magistrates (qualified lawyers who usually sit alone); lay magistrates (unqualified, who sit as a bench of three-seven and can only sit if there is a justices' clerk present to advise them).

Judges

In England, judges are appointed by the Lord Chancellor*. The minimum requirement is that one should be a barrister or solicitor of ten years' standing. The majority of judges are barristers, but they cannot practise as barristers. Recorders are practising barristers who act as judges on a part-time basis. The appointment of judges is not a political appointment, and judges remain in office unless they are found guilty of gross misconduct. Judges cannot be Members of Parliament. **

*The Lord Chancellor is the member of the British government and of the cabinet who is responsible for the administration of justice and the appointment of judges in England and Wales. The role of Lord Chancellor is to be abolished and his / her role assumed by the Secretary of State for Constitutional affairs.

** Note that in the USA, state judges can be appointed by the state governor or can be elected; in the federal courts and the Supreme Court, judges are appointed by the President, but the appointment has to be approved by Congress.

The jury

Juries are used in criminal cases, and in some civil actions, notably actions for libel. They are also used in some coroner's inquests. The role of the jury is to use common sense to decide if the verdict should be for or against the accused. Members of a jury (called jurors) normally have no knowledge of the law and follow the explanations given

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to them by the judge. Anyone whose name appears on the electoral register and who is between the ages of 18 and 70 is eligible for jury service. Judges, magistrates, barristers and solicitors are not eligible for jury service, nor are priests, people who are on bail, and people suffering from mental illness. People who are excused from jury service include members of the armed forces, Members of Parliament and doctors. Potential jurors can be challenged if one of the parties to the case thinks they are or may be biased.

Criminal courts of first instance

• 2 criminal courts: the Magistrates' Court and the Crown Court

• the senior of the two is the Crown Court

• the courts are arranged in a local structure to enable the system to work effectively

• the most important Crown Court = the most famous = the Old Bailey, in London

• the Magistrates' Court does have some civil functions in addition to its criminal duties

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Civil Courts

• 2 main civil courts of first instance: the County Court and the High Court

• the County Courts are arranged in a local structure to facilitate accessibility

• the High Court of Justice is split into 3 divisions:

1) the Queen's Bench Division - deals mainly with claims for damages and equitable remedies as a result of breaches of contract and torts

2) the Chancery Division - deals in matters of partnership and company law, revenue matters and important property issues

3) the Family Division - deals in matrimonial disputes and children cases (such as custody issues)

CRIMINAL COURTS OF FIRST INSTANCE

Magistrates' Court

• presided over either by lay magistrates (Justices of the Peace) or by district judges

• the lay magistrates are unqualified laymen (people without a legal qualification); they are unpaid but will receive expenses for travel and any loss of earnings incurred whilst attending at court and hearing cases

• the district judges (previously called stipendiary magistrates) are full-time salaried magistrates who are legally qualified

• the majority of Magistrates' Courts are presided over by lay magistrates

• the feature of both the civil and the criminal matters within the jurisdiction of the Magistrates' Courts is that they are matters of relatively minor importance compared with the civil matters heard in the High Court and the county courts and the criminal cases tried at the Crown Court

• the advantage of summary procedure is its cheapness and speed

Lay magistrates

• There are over 30,000 lay magistrates who are also known as Justices of the Peace (JP). They normally sit as part of a bench of three-seven, for at least 26 half days each year.

• In court, they will be advised on questions of law, practice and procedure by a Magistrates' Clerk (who must have been qualified as a barrister or solicitor for at least five years).

The Role of Magistrates’ courts (1)

Criminal mattersMagistrates' courts dispose of over 95% of all criminal cases. They:

· issue warrants for arrest and search;

· decide whether a case should be adjourned;

· grant applications for bail or remand defendants in custody;

· in summary trials, determine whether a defendant is guilty or not;

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· pass sentence on a defendant who has been found guilty;

· may decide to hear an either-way offence, if the defendant also agrees;

· commit defendants convicted of either-way offences to the Crown Court for sentence;

· sit in the Crown Court with a judge to hear appeals from Magistrates' courts against conviction or sentence;

· sit in the Crown Court with a judge to hear committals for sentence;

· enforce financial penalties; and

· sit in the Youth Court to hear cases involving young offenders aged 10-17.

For a single criminal offence committed by an adult, magistrates' sentencing powers include the imposition of fines, community service orders, probation orders or a period of not more than six months in custody.

Civil matters

Magistrates hear cases in the Family Proceedings Court and make decisions on a range of issues affecting children and families. For example, making orders for residence of and contact with children.

Magistrates also decide whether to grant certain orders, licences or certificates. For example, liquor licences, permits relating to betting and the registration of gaming clubs.

STIPENDIARY MAGISTRATES/DISTRICT JUDGES

Note: Stipendiary Magistrates were renamed District Judge (Magistrates' Court) in August 2000.

Stipendiary magistrates are full-time magistrates who sit alone. They will have been qualified as barristers or solicitors for at least seven years and have served as Acting Stipendiary Magistrates for a minimum of two years. They are usually aged between 40 and 55.

There are 48 Metroplitan Stipendiary Magistrates who hear cases in London, and 48 Provincial Stipendiary Magistrates who hear cases in magistrates' courts outside London, generally in busy urban areas. They are appointed by the Queen on the recommendation of the Lord Chancellor.

Before sitting alone, successful candidates are asked to sit in for one week with a serving Stipendiary Magistrate, to attend a Judicial Studies Board induction seminar, to visit penal institutions and to meet with a senior representative of the Probation Service.

Acting Stipendiary Magistrates sit for two weeks on the first occasion, and at least 20 days a year thereafter. If an Acting Stipendiary Magistrate does not achieve a full-time Stipendiary post within five years, he or she is unlikely to be invited to undertake further sittings. There are 107 Acting Stipendiary Magistrates.

The Crown Court

• is presided over by a High Court judge, a circuit judge or a recorder (=a part time judge who will have been a barrister or a solicitor of at least 10 years standing)

• the case is heard before a jury

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• the judge will be the sole arbiter of the law and will advise the jury as to the legal ramifications of the offence and of the evidence put before them

• the jury is the sole arbiter of the fact; it is comprised of 12 people

• the jurors are taken from the electoral roll and must be legally unqualified

• the Crown Court has exclusive jurisdiction over all trials on indictment for offences wherever committed

CIVIL COURTS OF FIRST INSTANCE

The County Court

• it is a national network of local courts which deal exclusively with civil cases

• it is a court of first instance and generally deals with smaller, less complex claims (such as small debts)

• personal injury claims of less than £ 50,000 must be commenced in the County Court

• County Court will usually deal with other claims where the claim is for £ 25,000 or less

• the jurisdiction of the county courts is local in nature (so that there must be some connecting factor between the action and the county court district in which it is tried)

The High Court

• it is a civil court of first instance and an appeal court in criminal cases

Queen's Bench Division

• it has civil and criminal jurisdiction

• it deals with claims in breach of contract and tort

• it also has a supervisory jurisdiction and can issue "prerogative writs" to force inferior tribunals and courts to act or stop acting in a particular way (judicial review)

• its jurisdiction over commercial matters is exercised by the Commercial Court, which is a part of it

• the criminal jurisdiction of the High Court is exercised exclusively by the Queen's Bench Division

Chancery Division

• it deals with cases involving partnership, company law, insolvency, disputed wills, the sale of land, patents, trademarks and copyright

Family Division

• it deals with all High Court matrimonial matters (divorce, custody, adoption, legitimacy)

APPELLATE COURTS

The Court of Appeal

• The Civil Division hears appeals from the High Court, county courts, the Restrictive Practices Court, the Employment Appeal Tribunal and various tribunals

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• appeal is by way of rehearing

• The Criminal Division hears appeals by persons convicted and, in certain cases, considers points of law referred to the court by the Attorney-General; it also hears appeals against sentence from the Crown Court

The House of Lords/Supreme Court

• it exercises the judicial function of Parliament

• it has very little original jurisdiction, its jurisdiction being almost entirely appellate

• in civil cases it hears appeals from the Court of Appeal; the ground of appeal does not have to be a point of law (as it does in criminal cases) but most cases which reach the House of Lords do in fact involve a point of law of public importance, such as the correct construction of Acts of Parliament.

• in criminal cases - appeals from the High Court

COURTS WITH SPECIAL JURISDICTION

Employment Appeal Tribunal

• it hears appeals, on a point of law only, from the Employment tribunal

• it is presided over by a High Court judge sitting with 2 expert laymen drawn from panels representing both sides of the industry (the employee's panel and the employer's panel)

Restrictive Practices Court

• it considers the agreements that restrict prices of products or the conditions of supply of goods

• it has the jurisdiction to hear proceedings brought by the Director of Fair Trading against a trader who has traded unfairly

• it is presided over by a High Court judge

Judicial Committee of the Privy Council

• it hears appeals from outside the UK (e.g. the Channel Islands) and from such bodies as the General Medical Council and Ecclesiastical Courts

• it has equal status with the House of Lords for the bodies referring to it

Coroners' Courts

• these are local courts which hold inquests into unexplained or suspicious deaths in the area

• it also has jurisdiction in cases of alleged "treasure trove" (where valuable items are found buried in the ground)

TRIBUNALS

Domestic tribunals

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• are so called because they are set up by a particular body or club to regulate the conduct of their members

Administrative tribunals

• The Lands Tribunal - deals with a variety of disputes involving valuation of land (e.g. where land is being compulsory purchased for the building of a new road). The tribunal, which is staffed by legally qualified members together with valuation experts, will hear the claim and decide on the acquisition price.

• Rent Tribunals - are set up to assess the rent of some furnished premises.

• Employment Tribunals - are local tribunals established to hear disputes between an employee and his employer. The hearing is presided over by legally qualified chairmen sitting with 2 or 4 expert laymen drawn from panels representing each side of the industry.

• Social Security Tribunals - are established by statute to hear claims relating to the eligibility for and amount of welfare benefits that a person is entitled to. The tribunals usually consist of a legally qualified member and 2 laymen.

• Mental Health Review Tribunals - hear matters relating to the treatment and property of people who suffer from mental disorders. They are composed of both legally and medically qualified members.

Types of court

1. A small claims court is a court that deals with disputes over small amounts of money.

2. A Court of Appeal (also called an Appeal Court) is a civil or criminal court to which a person may go to ask for an award or sentence to be changed.

3. A court-martial (Note that the plural form is courts-martial. It can also be a verb, usually used in the passive: to be court-martialled) is a court which tries someone serving in the armed forces for offences against military discipline.

4. A Courthouse is the general word for a building in which trials take place.

5. A County Court (there are about 270 County Courts in England and Wales. They are presided over by either district judges or circuit judges. They deal mainly with claims regarding money, but also deal with family matters, bankruptcies and claims concerning land) is one of the types of court in England and Wales which hears local civil cases.

6. The European Court of Human Rights (its formal name is the European Court for the Protection of Human Rights) is a court which considers the rights of citizens of states which are parties to the European Convention for the Protection of Human Rights.

7. An employment tribunal (formally known as an industrial tribunal. The panel hearing each case consists of a legally qualified chairperson and two independent lay (= not legally qualified) people who have experience of employment issues. Decisions need to be enforced by a separate application to the court. Appeals are made to an Employment Appeal Tribunal) is a body responsible for hearing work-related complaints as specified by statute.

8. A magistrates' court is a court which hears cases of petty crime, adoption, affiliation, maintenance and violence in the home (= domestic violence), and which can also commit someone for trial or sentencing in a Crown Court.

9. A coroner's court (an investigation in a coroner's court is called a coroner's inquest. A coroner's inquest also decides what happens when treasure or something valuable that has been secretly hidden or lost is suddenly rediscovered) is a court presided over by a public official (usually a doctor or lawyer) who

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10. A Crown Court is a court above the level of a magistrates' court which hears criminal cases.

11. A Lands Tribunal is a court which deals with compensation claims relating to land.

12. A Commercial Court is a court in the Queen's Bench Division (= one of the main divisions of the High Court) which hears cases relating to business disputes.

13. A rent tribunal is a court which adjudicates in disputes about money paid or services provided in return for borrowing something – usually buildings or land.

14. The High Court is the main civil court in England and Wales.

15. The European Court of Justice (ECJ for short. It is also called the Court of Justice of the European Communities) is the court set up to see that the principles of law as laid out in the Treaty of Rome are observed and applied correctly in the European Union.

16. A Court of Protection is a court appointed to serve the interests of people who are not capable of dealing with their own affairs, such as patients who are mentally ill.17. The Admiralty Court is court which is part of the Queen's Bench Division (see number 12 above), which decides in disputes involving ships.18. The Supreme Court of the UK is the highest court of appeal in the United Kingdom (although appellants unhappy with a decision made here can appeal to the European Court of Justice).

Court System

Acquittal- In the common law tradition, an acquittal formally certifies that the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, under the rules of double jeopardy and autrefois acquit, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict, or whether it results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction.

When the defendant in a criminal trial is found not guilty of a crime and is therefore allowed to walk free from court.

AcquittalDischarge of defendant following verdict or direction of not guilty

acquit: the act of freeing a person from the charge of an offense by means of a decision, verdict or other legal process; to discharge

Action-  a civil judicial proceeding whereby one party prosecutes another for a wrong done or for protection of a right or prevention of a wrong; requires service of process on adversary party or potentially adversary party

Actionsee CLAIM- Proceedings issued in the County or High Court. Previously know as an Action. See also Civil case or claim

Adjourned generally or sine die- Temporary suspension of the hearing of a case by order of the Court (maybe for a short period, e.g. to next day or sine die). See LATIN TERMS

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Adjournment- the postponing of the hearing of a case until a later date.adjudicate: to hear or try and determine judiciallyAdjudication-A judgment or decision of a court, tribunal or adjudicator in alternative dispute resolution (ADR) cases where disputes are resolved outside of the courtadversary: An opponent. The defendant is the plaintiff's adversary.adversary system: the system of trial practice in the U.S. and some other countries in which each of the opposing, or adversary, parties has full opportunity to present and establish its opposing contentions before the courtAdversarial - A system which allows two or more competing sides to present and argue their case. The argument is presented before a judge, who makes a decision based on the evidence presented.affiant: one who swears to an affidavit; deponent

Affidavit-(see Statement) A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it

AffirmationDeclaration by a witness who has no religious belief, or has religious beliefs that prevent him/her taking the oath. They declare by affirmation that the evidence he/she is giving is the truth

affirm: an act of declaring something to be true under the penalty of perjury by a person who conscientiously declines to take an oath for religious or other pertinent reasonsaffirmation: A solemn and formal declaration under penalties of perjury that a statement is true, without an oath.allegation: the assertion, declaration, or statement of a party to an action, made in a pleading, setting out what the party expects to proveallege: To assert a fact in a pleading.amend: To change.

AmendmentThe process by which corrections to court documents, such as statements of case, can be made. A statement of case can be amended at any time, before it is served or with permission of all other parties or the court, (once served). The court may reject the amendment, even if the party concerned has permission of other parties to the case

answer: a paper submitted by a defendant in which he/she responds to and/or denies the allegations of the plaintiffappeal: a proceeding to have a case examined by an appropriate higher court to see if a lower court's decision was made correctly according to lawAppealApplication to a higher court or other body for review of a decision taken by a lower court or tribunal. The higher court may overturn or uphold (i.e. reject) the lower court’s decision. Often, permission (leave) is required, to for an appeal to occur.

appearance: the participation in the proceedings by a party summoned in an action, either in person or through an attorneyappellant: the party who takes an appeal to a higher courtAppellantA person appealing to a higher court or body against a decision made in a lower court or body

appellee: the party against whom an appeal is taken

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arbitration: the submission voluntarily or involuntarily of a disputed matter to selected persons and the substitution of their award or decision for the judgment of a court or its confirmation by the court as a judgment of the courtArbitrator or ArbitrationA process in which both sides agree to use an independent arbitrator (an impartial person) who gives a binding decision in the matter. The person making the claim (claimant) has to choose between going to arbitration and court – it is not usually possible to take a claim to court after it has been through arbitration

Arraignment- A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted by law. Depending on the jurisdiction, arraignment may also be the proceeding at which the court determines whether to set bail for the defendant or release the defendant on his or her own recognizance.Arraignment- is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisdictions, but they generally include "guilty", "not guilty", and the peremptory pleas (or pleas in bar) setting out reasons why a trial cannot proceed. Pleas of "nolo contendere" (no contest) and the "Alford plea" are allowed in some circumstances.

Issue / issuingTo initiate legal proceedings in pursuit of a claim

at issue: whenever the parties to a suit come to a point in the pleadings which is affirmed on one side and denied on the other, they are said to be "at issue"

award: A decision of an Arbitrator.

Award- Result of an arbitration hearing or the amount of damages assessed by a Court

BailRelease of a defendant from custody, until his/her next appearance in Court, subject sometimes to security being given and/or compliance with certain conditionsBailiffBailiffs and enforcement officers are people authorised to remove and sell possessions in order to pay the money a debtor owes to a person or an organisation. They may also conduct evictions, and arrest people.A bailiff can also serve (deliver) court documents on peopleBarThe collective term for barristers

bar: 1. Prohibit - to bar the prosecution of an action. 2. The members of the legal profession.

Bench

A term describing a judge or group of judges sitting in court.bench: The Judge's seat or the judge, himself/herself, (e.g., the attorney addressed the bench)BriefWritten instructions to counsel to appear at a hearing on behalf of a party prepared by the solicitor and setting out the facts of the case and any case law relied upon

brief: a written or printed document prepared by the lawyers on each side of a dispute and submitted to the court in support of their arguments - a brief includes the points of law which the lawyer wished to establish, the arguments the lawyer uses, and the legal authorities on which the lawyer rests his/her conclusions.

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CaseAn action, suit or claim in a court of law. It can also mean the arguments put forward by parties in a court of law

Capital Case - A prosecution for murder in which the prosecutor asks the jury to decide if the defendant is guilty and, if he is, whether he should be put to death. When prosecutors bring a capital case (also called a death penalty case), they must charge one or more "special circumstances" that the jury must find to be true in order to sentence the defendant to death. Each state (and the federal government) has its own list of special circumstances, but common ones include multiple murders, use of a bomb, or a finding that the murder was especially heinous, atrocious, or cruel.

certified copy: Copy of a document signed and certified as a true copy of an original by the Clerk of the Court or other authorized persons (e.g., lawyer).

certify: to testify in writing

change of venue: the removal of a suit begun in one county or district to another county or district for trial, though the term may also apply to the removal of a suit from one court to another court of the same county or district

ChargeA formal accusation against a person that a criminal offence has been committed (see also Charging order)

charge to jury: in trial practice, an address delivered by the court to the jury at the close of the case instructing the jury as to what principles of law they are to apply in reaching a decision

The Chief Justice- is the name for the presiding member of a supreme court in many countries with a justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of Hong Kong, the Supreme Court of India, the Supreme Court of Pakistan, the Supreme Court of Nepal, the Supreme Court of Ireland, the Supreme Court of New Zealand, the High Court of Australia, the Supreme Court of the United States, and provincial or state supreme courts.

The situation is slightly different in the three legal jurisdictions within the United Kingdom. The courts of England and Wales are headed by the Lord Chief Justice of England and Wales; in Northern Ireland's courts, the equivalent position is the Lord Chief Justice of Northern Ireland and in Scottish courts, the equivalent is the Lord President of the Court of Session. These three judges are not, though, part of the Supreme Court of the United Kingdom, which operates across all three jurisdictions and is headed by the President of the Supreme Court of the United Kingdom.

The Chief Justice can be selected in many ways, but, in many nations, the position is given to the most senior justice of the court, while, in the United States, it is often the President's most important political nomination, subject to approval by the United States Senate. Although the title of this top American jurist is, by statute, Chief Justice of the United States, the term "Chief Justice of the Supreme Court" is often used unofficially.

In some courts, the Chief Justice has a different title, e.g. President of the Supreme Court. In other courts, the title of Chief Justice is used, but the court has a different name, e.g. the Supreme Court of Judicature in colonial (British) Ceylon, and the Maryland Court of Appeals (in the US state of Maryland).

Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another. While the term "Chief Judge" is used in some courts, other courts use terms such as "Chief Justice," "Presiding Judge," "President Judge," or "Administrative Judge."

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Circuit court is the name of court systems in several common law jurisdictions.

citation: 1) summons to appear; 2) reference to authorities in support of an argument

ClaimProceedings issued in the County or High Court. Previously know as an Action. See also Civil case or claim

clerk's minutes: notes, which are taken by a clerk, of events that occurred in court

A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. A closing argument may not contain any new information and may only use evidence introduced at trial. It is not customary to raise objections during closing arguments, except for egregious behavior. However, such objections, when made, can prove critical later in order to preserve appellate issues.

CodicilAn addendum signed and executed which amends or adds something to a will

commitment: an order to commit a person to the custody of a sheriff, commissioner of corrections, or mental health facility

Committali) Committal for trial: Following examination by the Magistrates of a case involving and indictable or either way offence, the procedure of directing the case to the Crown Court to be dealt withii) Committal for Sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed by a judgeiii) Committal Order: An order of the Court committing someone to prisoniv) Committal Warrant (see WARRANT OF COMMITTAL)

Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime itself. The act of clemency is a reprieve. Today, pardons and reprieves are granted in many countries when individuals have demonstrated that they have fulfilled their debt to society, or are otherwise deserving (in the opinion of the pardoning official) of a pardon or reprieve.

CompensationUsually a sum of money offered in recompense (to make amends) for an act, error or omission that harmed someone. The harm suffered may have been loss, personal injury or inconvenience

compensatory damages: reimbursement for actual loss or injury, as distinguished from exemplary or punitive damagescomplaint: the initial pleading in an action formally setting forth the facts and reasons on which the demand for relief is basedComplainantA person who makes a complaintComplaintExpressing discontent for something

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In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief)]). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading.Concurrent SentenceA direction by a Court that a number of sentences of imprisonment should run at the same timeConsecutive SentenceAn order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences

Contempt of CourtDisobedience or wilful disregard to the judicial process.

Conviction In civil cases, for example, failing to appear as a witness without informing the court or the party that called you. A person found to be in civil contempt of court could be fined.In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.[1] The opposite of a conviction is an acquittal (i.e. "not guilty"). In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal. There are also cases where the court orders that a defendant not be convicted, despite being found guilty.

For a host of reasons, the criminal justice system is not perfect, and sometimes guilty defendants are acquitted, while innocent people are convicted. Appeal mechanisms mitigate this problem to some extent. An error which results in the conviction of an innocent person is known as a miscarriage of justice.

After a defendant is convicted, the court determines the appropriate sentence as a punishment. Furthermore, the conviction may lead to results beyond the terms of the sentence itself. Such ramifications are known as the collateral consequences of criminal charges.

A minor conviction is a warning conviction, and it does not affect the defendant but does serve as a warning.

A history of convictions are called antecedents, known colloquially as "previous" in the United Kingdom, and "priors" in the United States and Australia. The history of convictions also shows that a minor law conviction can be prosecuted as any individuals punishment.

CounselA Barrister or solicitor in legal proceedings

counsel: Lawyer or attorney.

counterclaim: 1. In civil actions, a claim brought by a defendant against the plaintiff for an unlimited amount of money. 2. In small claims/commercial claims, a claim brought by a defendant against the plaintiff

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for an amount not to exceed the maximum monetary jurisdiction allowed in the small claims/commercial claims court.

CounterclaimA claim made by a defendant against a claimant in an action. There is no limit imposed on a counterclaim, but a fee is payable according to the amount counterclaimed

Cross-examinationThe questioning of a witness for the other side in a case.

cross- examination: questioning by a party or his attorney of an adverse party or a witness called by an adverse party

damages: Monetary compensation or indemnity for wrong or injury caused by the violation of a legal right. 1. Compensatory damages - Reimbursement for actual loss or injury. 2. Exemplary damages - Monetary award by way of punishment for injury caused by aggravated circumstances or malice, in addition to compensation for the injury. 3. Punitive damages - Monetary compensation awarded in excess of ordinary damages, as punishment for a gross wrong.

DamagesAn amount of money claimed as compensation for physical/material loss, e.g. personal injury, breach of contract

decision: the determination reached by a court in any judicial proceeding, which is the basis of the judgment

DecreeAn order of the Court in proceedings commenced by petitionDecree AbsoluteA final certificate, resulting from an application, dissolving a marriageDecree NisiOrder for divorce unless cause to contrary is shown within a set period

Default JudgmentMay be obtained without a hearing by the claimant if the defendant fails to reply or pay within a 14 day period after service of the claim. A claimant can apply for a default judgment if the amount claimed is specified or for a judgment on liability if the amount claimed is unspecified.

default: a "default" in an action of law occurs when a defendant omits to plead or otherwise defend within the time allowed, or fails to appear at the trialdefendant: the party being sued or the party accused of committing the offense chargedDefendant (civil)The person who has a claim made against them. They can defend (dispute the claim) or admit liability, in part or in fullDefendant (criminal)Person standing trial or appearing for sentence

deliberation: the process by which a panel of jurors comes to a decision on a verdictDeponentPerson giving evidence by affidavit

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deponent: One who testifies under oath to the truth of facts.DepositionA statement of evidence written down and sworn on oath, or by affirmationdeposition: sworn testimony of a witnessdirect examination: the first interrogation of a witness by the party on whose behalf the witness is called

DismissalTo make order or decision that a claim be ceased dismissal: termination of a proceeding for a procedurally prescribed reasondismissal with prejudice: Action dismissed on the merits which prevents renewal of the same claim or cause of action.dismissal without prejudice: Action dismissed, not on the merits, which may be re-instituted.

DisposalSee Case disposalCase disposalThe case is taken out of the court process (see Disposal).dispose: the act of terminating a judicial proceedingdisposition: the result of a judicial proceeding by withdrawal, settlement, order, judgment or sentenceDistrict JudgeA judicial officer of the Court whose duties involve hearing applications made within proceedings and final hearings subject to any limit of jurisdiction Previously known as RegistrarsDistrict Registrysee High CourtHigh CourtA civil Court which consists of three divisions:-i) Queen's Bench (can be known as King's Bench Division if a King is assuming the throne) - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander;ii) Family - concerned with matrimonial maters and proceedings relating to children, e.g. wardship;iii) Chancery - property matters including fraud and bankruptcyestop: to stop, bar, or impede

estoppel: a rule of law which prevents a person from alleging or denying a fact, because of his/her own previous actevidence: a form of proof or probative matter legally presented at the trial of an issue by the acts of the parties and through witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or the juryEvidenceDocumentary or other material which is used to support a person’s case in a court of laweviction, warrant of: Legal mandate authorizing an enforcement officer to remove persons and their personal property from their premises.execution: (1) the performance of all acts necessary to render a written instrument complete, such as signing, sealing, acknowledging, and delivering the instruments (2) supplementary proceedings to enforce a judgment, which, if monetary, involves a direction to the sheriff to take the necessary steps to collect the judgmentExecution(see taking control of goods) Seizure of debtors goods following non payment of a Court orderexhibit: a paper, document or other article produced and exhibited to a court during a trial or hearing and, on being accepted, is marked for identification or admitted in evidence

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ExhibitItem or document referred to in an affidavit or used as evidence during a Court trial or hearingexpunge: the authorized act of physically destroying information, in files, computers or other depositoriesCourt feesThe County Court will charge to issue a claim in a civil case and to launch enforcement proceedings if the defendant ignores the judgment of the court. You will also be charged if you make applications to the courtfee: a fixed charge for service rendered on behalf of courtfiduciary: a person or institution who manages money or property for another, and who must exercise a standard of care in such management activity imposed by law or contractfinding: the court's or jury's decision on issues of factfine: a sum imposed as punishment for an offenseforeclosure: a legal proceeding that bars or extinguishes rightforeperson: a member of a jury, usually the first juror called and sworn, or a juror elected by fellow jurors, who delivers the verdict to the court

The term felony, in some common law countries, means a serious crime. The word originates from English common law (from the French medieval word « félonie »), where felonies were originally crimes that involved confiscation of a convicted person's land and goods. Other crimes were called misdemeanours. Many common law countries have now abolished the felony/misdemeanour distinction and replaced it with other distinctions, such as between indictable offences and summary offences. A felony is generally considered a crime of high seriousness, while a misdemeanour is not.

A person convicted in a court of law of a felony crime is known as a felon. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor.[1] The individual states may differ in this definition, using other categories as seriousness or context.

Similar to felonies in some civil law countries (Italy, etc.) are delicts, whereas in others (France, Spain, Belgium, Switzerland etc.) crimes (more serious) and delicts (délits, less serious).habeas corpus: "You have the body." - the name given a variety of writs whose object is to bring a person before a court or judge - in most common usage, it is directed to the official or person detaining another, commanding him/her to produce the body of a person detained so the court may determine if such person has been denied his/her liberty without due process of lawhearing: a preliminary examination where evidence is taken for the purpose of determining an issue of fact and reaching a decision on the basis of that evidencehearsay: a type of testimony given by a witness who relates not what he/she knows personally, but what others have told the witness, or what the witness has heard said by others; may be admissible or inadmissible in court depending upon rules of evidencehung jury: a jury whose members cannot reconcile their differences of opinion and thus cannot reach a verdictimpaneling: the process by which jurors are selected and sworn to their taskIndictable OffenceA criminal offence triable only by the Crown Court. The different types of offence are classified 1, 2, 3 or 4. Murder is a class 1 offence

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injunction: a court order for a party to stop doing or to start doing a specific actInjunctionA court order which either restrains a person from a course of action or behaviour, or which requires a person to follow another course of action.

interpreter: a person sworn at a judicial proceeding to translate oral or written languageJudgeAn officer appointed to administer the law and who has authority to hear and try cases in a court of lawJudgmentThe decision or sentence issued by a court in legal proceedingsjudgment: A determination of the rights of the parties in an action or special proceeding. A judgment shall refer to and state the result of a verdict or decision, or recite the circumstances on which it is basedjudgment roll: a record of the judgment with the supporting papersjurisdiction: the geographical, subject matter, and monetary limitations of a court Personal jurisdiction- Directed to a specific person to impose a personal liability on him (usually the defendant). Subject matter jurisdiction- Topic of consideration, thing in dispute, right claimed by one party against anotherJurisdictionThe area and matters over which a court has legal authorityjury: a prescribed number of persons selected according to law and sworn to make findings of factJuryBody of jurors sworn to reach a verdict according to the evidence in a CourtLitigant in personA person who starts or defends a case without legal representation. Such a person is entitled to be accompanied by another person who may advise them, but may not address the courtlitigant: Party to a legal actionLitigationLegal proceedings or court action. Litigation can be either civil or criminal proceedings.material witness: person whose testimony on some issue has been judicially determined as relevant and substantialminutes: a record of court proceedings kept by noting significant eventsmistrial: a trial which has been terminated and declared void prior to the reaching of verdict due to extraordinary circumstance, serious prejudicial misconduct or hung jury - it does not result in a judgment for any party but merely indicates a failure of trialmoot: (adj.) unsettled, undecided, not necessary to be decidedA misdemeanor (also spelled misdemeanour) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than felonies, but theoretically more so than administrative infractions (also known as minor, petty or summary offences) and regulatory offences. Many misdemeanors are punished with monetary fines.

OathTo call upon God to witness that what you say at the hearing is the truth or binding. (see affirmation)oath: a swearing to the truth of a statement which, if made by one who knows it to be false, may subject one to a prosecution for perjury or other legal proceedingsObjectionDisagreement with an argument or set out by another at the hearingopening statement: the first address of counsel prior to offering of evidenceoverrule

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overrule

verb

1. reject or disallow by exercising one's superior authority."Chief Judge Moran overruled the government's objections"

o reject the decision or opinion of."welfare staff overruled an experienced detective"

part: a court room where specified business of a court is to be conducted by a judicial officerparty: Person having a direct interest in a legal matter, transaction or proceeding.Party / partiesPeople involved in court proceedings either as the defendant(s) or claimant(s)Party and PartyCosts that one party must pay to anotherPlaintiffsee CLAIMANT ClaimantThe person issuing the claim. Previously known as the Plaintiff

plaintiff: the party bringing a civil actionpurge: To atone for an offense, to submit to a court's mandate (i.e., to purge oneself of contempt of court)

Peremptory Challenge

The right to challenge a juror without assigning, or being required to assign, a reason for the challenge.During the selection of a jury, both parties to the proceeding may challenge prospective jurors for a lack of impartiality, known as a challenge for cause. A party may challenge an unlimited number of prospective jurors for cause. Parties also may exercise a limited number of peremptory challenges. These challenges permit a party to remove a prospective juror without giving a reason for the removal.

Peremptory challenges provide a more impartial and better qualified jury. Peremptory challenges allow an attorney to reject a potential juror for real or imagined partiality that would be difficult to demonstrate under the challenge for cause category. These challenges, however, have become more difficult to exercise because the U.S. Supreme Court has forbidden peremptory strikes based on race or gender.

Parties do not have a federal constitutional right to exercise peremptory challenges. Peremptory challenges are granted by statute or by case law. The number of challenges is usually determined by statute, but some jurisdictions allow the trial court to grant additional peremptory challenges. In federal court each side is entitled to three peremptory challenges. If more than two parties are involved in the proceeding, the court may either grant additional challenges or restrict the parties to the minimum number of challenges.

Peremptory challenges came under legal attack in the 1980s. Critics claimed that white prosecutors used their peremptory challenges to remove African Americans from the jury when the criminal defendant was also African American because the prosecutors thought that the potential jurors would be sympathetic to a

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member of their own race. This constituted RACIAL DISCRIMINATION and a violation of the Fourteenth Amendment's EQUAL PROTECTION CLAUSE.

Peremptory challenge in law refers to a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e., by giving a good reason why they might be unable to reach a fair verdict, but the challenge will be considered by the presiding judge and may be denied.

A peremptory challenge can be a major part of voir dire.

The idea behind peremptory challenges is that if both parties have contributed in the configuration of the jury, they will find its verdict more acceptable. The existence of peremptory challenges is argued to be an important safeguard in the judicial process, allowing both the defendant and the prosecution to get rid of potentially biased jurors. Their use allows attorneys to use their training and experience to dismiss jurors who might say the correct thing, but might otherwise harbor prejudices that could infringe the rights of the defendant to a fair trial.

A peremptory challenge also allows attorneys to veto a potential juror on a "hunch".

petit jury, also called trial jury, common jury, or traverse jury, a group chosen from the citizens of a district to try a question of fact. Distinct from the grand jury, which formulates accusations, the petit jury tests the accuracy of such accusations by standards of proof.

Generally, the petit jury’s function is to deliberate questions of fact, with questions of law left to the trial judge. However, the distinction often is blurred. The petit jury has less discretion than is often imagined. The trial judge supervises it, rules on what evidence it may view and on what laws are applicable, and sometimes directs its verdict. If the judge deems that the jury has grossly ignored the weight of the evidence, the judge can set aside (i.e., overrule) the jury’s verdict.

Although petit juries in England and the United States historically have contained 12 members, there is no uniform number. Numerical requirements for a valid verdict vary (e.g., unanimity in most courts in the United States, a majority in Scotland and Italy, two-thirds in Portugal), as do subject areas of operation. For example, in the United States in some states juvenile defendants may not request a jury, and in England juries have been eliminated from civil cases. Outside the United States the petit jury is declining. In countries with a civil- rather than common-law tradition, the jury, where found, is used only for criminal trials. Germany and France have a mixed tribunal of judges and jurors in criminal cases, and Japan abolished its petit jury in 1943 after a brief experimental period for civil cases.

Preliminary hearingA hearing in which the Judge ensures that the parties understand what they must do to comply with any

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directions and offers guidance on such matters as the use of an expert witness. This hearing is before the final hearing

pleadings: complaint or petition, answer, and replyPleadingDocuments setting out claim/defence of parties involved in civil proceedings

A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other's. The person authorizing the other to act is the principal, grantor, or donor (of the power). The one authorized to act is the agent[1] or, in some common law jurisdictions, the attorney-in-fact (attorney for short). Formerly, a power referred to an instrument under seal while a letter was an instrument under hand, but today both are signed by the grantor, and therefore there is no difference between the two.

power of attorney: instrument authorizing one to act legally for another either generally or in a specified matter

precedent: previously adjudged action or decision on same or similar point, serving as a rule or example for present guidance

PrecedentThe decision of a case which established principles of law that act as an authority for future cases of a similar nature

In United States criminal law, probable cause (also referred to as reasonable cause) is the standard by which an officer or agent of the law has the grounds to obtain a warrant for, or as an exception to the warrant requirements for, making an arrest or conducting a personal or property search, etc. when criminal charges are being considered. It is also used to refer to the standard to which a grand jury believes that a crime has been committed. This term comes from the Fourth Amendment of the United States Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

"Probable" in this case may relate to actual statistical probability, or to a general standard of common behavior and customs. The context of the word "probable" here is not exclusive to community standards and does not predate statistics, as some have suggested.

PROBABLE CAUSE

The requirement, found in the Fourth Amendment to the Constitution, that must usually be met before police make an arrest, conduct a search or recieve a warrant. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for arrest) and that evidence of the crime is present in the place to be searched (for search).

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ProbateThe legal recognition of the validity of a will

proceeding: the succession of events constituting the process by which judicial action is invoked and utilized pursuant to procedure

ProsecutionThe institution or conduct of criminal proceedings against a personProsecutorPerson who prosecutes (see PROSECUTION)rebuttal

rebuttalnoun

1. an instance of rebutting evidence or an accusation.to refute or disprove, esp by offering a contrary contention or argument

recuse

recuseverbNORTH AMERICAN

1. challenge (a judge or juror) as unqualified to perform legal duties because of a potential conflict of interest or lack of impartiality."he was recused when he referred to the corporation as ‘a bunch of villains’"

o (of a judge) excuse oneself from a case because of a potential conflict of interest or lack of impartiality."it was the right of counsel to ask a judge to recuse himself from continuing to hear a case because of bias"recuse: To disqualify oneself as a judge

relief: Legal remedyRedirect examination is the trial process by which the party who offered the witness has a chance to explain or otherwise qualify any damaging or accusing testimony brought out by the opponent during cross-examination. Redirect examination may question only those areas brought out on cross-examination and may not stray beyond that boundary.

When a witness is presented for testimony in the U.S. judicial system, the order is "direct" testimony, then the opposing attorney does "cross" and then "redirect" from the attorney first offering the witness. "Recross" may be allowed, but usually the opposing attorney must ask for permission from the judge before proceeding with this additional round of questioning.

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sanction: a penalty or punishment provided as a means of enforcing obedience to a law, rule or code; also, an authorization

SanctionA penalty imposed on a person involved in a case if he or she, for example, fails to comply with directions or refuses to consider an alternative to court. Even though a person wins a case, the judge may order them to pay the other party’s costs seal: to close a case file from public scrutiny - in instances of youthful offenders and acquittal, sealing orders are issued by the court to prevent the public from obtaining information on the casessequester: to separate, set apart, hold aside for safekeeping or awaiting some determination; jurors are sequestered when not permitted to return home until the case is closed

Jury sequestration is the isolation of a jury to avoid accidental or deliberate tainting.[1] Although sequestration is rare, publicity surrounding a trial and interested parties may interfere with juror objectivity; a judge may order that a jury be sequestered in order to prevent others from tampering with members of the jury through undue persuasion, threats, or bribes.

Two common definitions of a status offense or status crime are

1. A status offense is an action that is prohibited only to a certain class of people, and most often applied only to offenses committed by minors.

2. In the United States, the term status offense refers to an offense such as a traffic violation where motive is not a consideration in determining guilt. In the United Kingdom and Europe, this type of status offense may be termed a regulatory offense.

statute of limitations: a statute that declares that no actions of a specified kind be commenced after a specified period of time after the cause of action aroseStayA suspension of court proceedings. This remains in effect until an order has been followed. No action may be taken in the case other than an application to have the stay lifted. A case can also be stayed when an offer of payment is accepted or if the court feels it is necessary

stay: a stopping or suspension of procedure or execution by judicial or executive orderstipulation: an agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial - most stipulations must be in writingstpulation of settlement: A formal agreement between litigants and/or their attorneys resolving their dispute.subpoena: Legal process which commands a witness to appear and testify.SubpoenaA summons issued to a person directing their attendance in Court to give evidence

suit: A legal action or proceeding.SuitLegal proceedings commenced by petition

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summons: A form used to commence a civil action and acquire jurisdiction over a party

SummonsOrder to appear or to produce evidence to a courtSummons (Jury)Order to attend for jury serviceSummons (Witness)Order to appear as a witness at a hearingSustain- To affirm the validity of:

testimony: an oral declaration made by a witness or party under oathtrial: the formal examination of a legal controversy in court so as to determine the issueTrialA public hearing in which the evidence in a case, and the law which applies, are examinedTrial (civil)Civil trials are generally held before one or more judges without a jury. The form and length of a civil trial will depend on the track to which the case has been allocatedvenire: technically, a writ summoning persons to court to act as jurors; popularly used as meaning the body of names thus summonedvenue:1. Geographical place where some legal matter occurs or may be determined. 2. The geographical area within which a court has jurisdiction. It relates only to a place or territory within which either party may require a case to be tried. A defect in venue may be waived by the parties.verdict: the determination of a jury on the factsVerdictThe finding of guilty or not guilty by a juryvoir dire: a questioning of prospective jurors by the attorneys, and, on application of any party, by the judge, to see if any of them should be disqualified or removed by challenge or examinationwaiver: an intentional and voluntary relinquishment of some known rightwarrant: a written order directing the arrest of a person issued by an authority - warrants are "issued," "executed" or "canceled"witness: one who testifies to what he/she has seen, heard, or otherwise observedwrit: an order issuing from a court of justice and requiring the performance of a specified act, or giving authority and commission to have it doneMandamus is a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation, or public authority—to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing)—and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.

Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.

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MANDAMUS

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. (See, e.g. Cheney v. United States Dist. Court For D.C. (03-475)   542 U.S. 367 (2004)   334 F.3d 1096 .)

Rules on mandamus and similar orders vary by jurisdiction. In the federal courts, these orders most frequently appear when a party to a suit wants to appeal a judge's decision but is blocked by rules against interlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct his earlier mistake. Generally, this type of indirect appeal is only available if the party has no alternative means of seeking review.

Civil procedure

The writ of prohibition is another extraordinary writ and is the opposite of a writ of mandamus, because it commands a government official not to take a specified action. The most common use of the writ is by an appellate court to a lower court, commanding the lower court to refrain from a proposed action. For example, a trial court might grant a request by the news media to release information from a court file. A defendant who objects to the release could petition for a writ of prohibition from the court of appeals. If the appellate court issues the writ, the trial court may not release the information.

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