Procedural law in the context of "Rules of order"

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⭐ Core Definition: Procedural law

Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.

Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, and right to confront accusers, as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, although different jurisdictions have various exceptions), with those rights encompassing general civil and political rights. In environmental law, these procedural rights have been reflected within the UNECE Convention on "Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters" known as the Aarhus Convention (1998).

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Procedural law in the context of Parliamentary procedure

Parliamentary procedures are the accepted rules, ethics, and customs governing meetings of an assembly or organization. Their object is to allow orderly deliberation upon questions of interest to the organization and thus to arrive at the sense or the will of the majority of the assembly upon these questions. Self-governing organizations follow parliamentary procedure to debate and reach group decisions, usually by vote, with the least possible friction.

In the United Kingdom, Canada, Ireland, Australia, New Zealand, South Africa, and other English-speaking countries, parliamentary procedure is often called chairmanship, chairing, the law of meetings, procedure at meetings, the conduct of meetings, or the standing orders. Erskine May's Parliamentary Practice is used and often referred to as "Erskine May" in the United Kingdom, and influential in other countries that use the Westminster system. In the United States, terms used are parliamentary law, parliamentary practice, legislative procedure, rules of order, or Robert's rules of order.

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Procedural law in the context of Trial court

A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law.

In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called findings of fact are made based on the evidence. The court, presided over by one or more judges, makes findings of law based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acts as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial.

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Procedural law in the context of Dependencies of Norway

Norway has three dependent territories (Norwegian: biland), all uninhabited and located in the Southern Hemisphere. Bouvet Island (Bouvetøya) is a sub-Antarctic island in the South Atlantic Ocean. Queen Maud Land is the sector of Antarctica between the 20th meridian west and the 45th meridian east. Peter I Island is a volcanic island located 450 kilometres (280 mi) off the coast of Ellsworth Land of continental Antarctica. Despite being unincorporated areas, neither Svalbard nor Jan Mayen is formally considered a dependency. While the Svalbard Treaty regulates some aspects of that Arctic territory, it acknowledges that the islands are part of Norway. Similarly, Jan Mayen is recognized as an integral part of Norway.

Both Peter I Island and Queen Maud Land are south of 60°S and are thus part of the Antarctic Treaty System. While the treaty does not affect these claims, the only states that recognize Norwegian sovereignty also have Antarctic claims. Administration of the dependencies is handled by the Polar Affairs Department of the Ministry of Justice and Public Security in Oslo. Norwegian criminal law, private law and procedural law apply to the dependencies, as do other laws that explicitly state they are valid on the dependencies.

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Procedural law in the context of English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system.

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Procedural law in the context of Legal doctrine

A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the de facto method of deciding like situations.

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Procedural law in the context of Substantive law

Substantive law is the set of laws that governs how members of a society are to behave. It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law, substantive equality or substantive due process. It may be codified in statutes or exist through precedent in common law. Substantive laws, which govern outcomes, are contrasted with procedural laws, which govern procedure.

Henry Sumner Maine said of early law, "So great is the ascendency of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early lawyer can only see the law through the envelope of its technical forms."

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Procedural law in the context of Public law

Public law is the part of law that governs relations and affairs between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning relationships between individuals belong to private law.

The relationships public law governs are asymmetric and unequalized. Government bodies (central or local) can make decisions about the rights of persons. However, as a consequence of the rule-of-law doctrine, authorities may only act within the law (secundum et intra legem). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review.

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Procedural law in the context of Law of Louisiana

Law in the state of Louisiana is based on a more diverse set of sources than the laws of the other 49 states of the United States. Private law has a civil law character, based on French and Spanish codes and ultimately Roman law, with some common law influences. Louisiana is the only state whose private legal system is based on civil law, rather than the traditional American common law. Louisiana's criminal law, however, does largely rest on common law. Louisiana's administrative law is generally similar to the administrative law of the federal government and other states. Louisiana's procedural law is generally in line with that of other U.S. states, which in turn is generally based on the U.S. Federal Rules of Civil Procedure.

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Procedural law in the context of Constitutionality

Constitutionality is defined as the fact that something is acceptable according to an applicable constitution with regard to the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are considered unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional.

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