Law

Definitions of law on the Web:

• the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
• legal document setting forth rules governing a particular kind of activity; "there is a law against kidnapping"
• a rule or body of rules of conduct inherent in human nature and essential to or binding upon human society
• a generalization that describes recurring facts or events in nature; "the laws of thermodynamics"
• jurisprudence: the branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
• the learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system; "he studied law at Yale"
• police: the force of policemen and officers; "the law came looking for him"

Noun

• S: (n) law, jurisprudence (the collection of rules imposed by authority) "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
• S: (n) law (legal document setting forth rules governing a particular kind of activity) "there is a law against kidnapping"
• S: (n) law, natural law (a rule or body of rules of conduct inherent in human nature and essential to or binding upon human society)
• S: (n) law, law of nature (a generalization that describes recurring facts or events in nature) "the laws of thermodynamics"
• S: (n) jurisprudence, law, legal philosophy (the branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do)
• S: (n) law, practice of law (the learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system) "he studied law at Yale"
• S: (n) police, police force, constabulary, law (the force of policemen and officers) "the law came looking for him"

Law[4] is a system of rules, usually enforced through a set of institutions.[5] It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed. If the harm is criminalised in a statute, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between Sovereign States in activities ranging from trade to environmental regulation or military action. Intellectual property law protects trademarks and provides compensation to inventors and writers through patents and copyrights. Writing in 350 BC, the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual."[6]

Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions, which codify their laws, and common law systems, where judge made law is not consolidated. In some countries, religion informs the law. Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread."[7] In a typical democracy, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.

Noun

• S: (n) criminal law (the body of law dealing with crimes and their punishment)

Lawyer

a professional person authorized to practice law; conducts lawsuits or gives legal advice

Noun

• S: (n) lawyer, attorney (a professional person authorized to practice law; conducts lawsuits or gives legal advice)

A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law."[1] Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority, and deliver justice. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who retain (i.e., hire) lawyers to perform legal services.

The role of the lawyer varies significantly across legal jurisdictions, and so it can be treated here in only the most general terms.[2][3] More information is available in country-specific articles

Terminology

In practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer; as a result, the meaning of the term "lawyer" may vary from place to place.[4]

• In Australia the word "lawyer" is used to refer to both barristers and solicitors (whether in private practice or practising as corporate in-house counsel).
• In Canada, the word "lawyer" only refers to individuals who have been called to the bar or have qualified as civil law notaries in the province of Quebec. Common law lawyers in Canada may also be known as "barristers and solicitors", but should not be referred to as "attorneys", since that term has a different meaning in Canadian usage. However, in Quebec, civil law advocates (or avocats in French) often call themselves "attorney" and sometimes "barrister and solicitor".
• In England and Wales, "lawyer" is used loosely to refer to a broad variety of law-trained persons. It includes practitioners such as barristers, solicitors, legal executives and licensed conveyancers; and people who are involved with the law but do not practise it on behalf of individual clients, such as judges, court clerks, and drafters of legislation.
• In India, the term "lawyer" is often colloquially used, but the official term is "advocate" as prescribed under the Advocates Act, 1961.[5]
• In Scotland, the word "lawyer" refers to a more specific group of legally trained people. It specifically includes advocates and solicitors. In a generic sense, it may also include judges and law-trained support staff.
• In the United States, the term generally refers to attorneys who may practice law; it is never used to refer to patent agents[6] or paralegals.[7]
• Other nations tend to have comparable terms for the analogous concept.

Attorney

lawyer: a professional person authorized to practice law; conducts lawsuits or gives legal advice

Noun

• S: (n) lawyer, attorney (a professional person authorized to practice law; conducts lawsuits or gives legal advice)

attorney (plural attorneys)

1. (law) In the United States, a lawyer; one who advises or represents others in legal matters as a profession.
2. An agent or representative authorized to act on someone else's behalf.

   Usage

   note

   : In this sense, the word is now used to refer to nonlawyers usually only in fixed phrases such as attorney-in-fact or power of attorney.

Representative

Definitions of Representative on the Web:

• a person who represents others
• spokesperson: an advocate who represents someone else's policy or purpose; "the meeting was attended by spokespersons for all the major organs of government"
• serving to represent or typify; "representative moviegoers"; "a representative modern play"
• congressman: a member of the United States House of Representatives
• example: an item of information that is typical of a class or group; "this patient provides a typical example of the syndrome"; "there is an example on page 10"
• being or characteristic of government by representation in which citizens exercise power through elected officers and representatives; "representative government as defined by Abraham Lincoln is government of the people, by the people, for the people"

Legal

• established by or founded upon law or official or accepted rules
• of or relating to jurisprudence; "legal loophole"
• having legal efficacy or force; "a sound title to the property"
• relating to or characteristic of the profession of law; "the legal profession"
• allowed by official rules; "a legal pass receiver"

Adjective

• S: (adj) legal (established by or founded upon law or official or accepted rules)
• S: (adj) legal (of or relating to jurisprudence) "legal loophole"
• S: (adj) legal, sound, effectual (having legal efficacy or force) "a sound title to the property"
• S: (adj) legal (relating to or characteristic of the profession of law) "the legal profession"
• S: (adj) legal (allowed by official rules) "a legal pass receiver"

Trial

• drag: to lag or linger behind; "But in so many other areas we still are dragging"
• chase: go after with the intent to catch; "The policeman chased the mugger down the alley"; "the dog chased the rabbit"
• move, proceed, or walk draggingly or slowly; "John trailed behind his class mates"; "The Mercedes trailed behind the horse cart"
• a track or mark left by something that has passed; "there as a trail of blood"; "a tear left its trail on her cheek"
• hang down so as to drag along the ground; "The bride's veiled trailed along the ground"
• a path or track roughly blazed through wild or hilly country
• drag loosely along a surface; allow to sweep the ground; "The toddler was trailing his pants"; "She trained her long scarf behind her"
• lead: evidence pointing to a possible solution; "the police are following a promising lead"; "the trail led straight to the perpetrator"

Court

Definitions of Court on the Web:

• an assembly (including one or more judges) to conduct judicial business
• a room in which a lawcourt sits; "television cameras were admitted in the courtroom"
• the sovereign and his advisers who are the governing power of a state
• a specially marked horizontal area within which a game is played; "players had to reserve a court in advance"
• Australian woman tennis player who won many major championships (born in 1947)
• the family and retinue of a sovereign or prince
• motor hotel: a hotel for motorists; provides direct access from rooms to parking area
• a tribunal that is presided over by a magistrate or by one or more judges who administer justice according to the laws
• woo: make amorous advances towards; "John is courting Mary"
• the residence of a sovereign or nobleman; "the king will visit the duke's court"
• woo: seek someone's favor; "China is wooing Russia"
• an area wholly or partly surrounded by walls or buildings; "the house was built around an inner court"
• engage in social activities leading to marriage; "We were courting for over ten years"
• respectful deference; "pay court to the emperor"

Custody

• detention: a state of being confined (usually for a short time); "his detention was politically motivated"; "the prisoner is on hold"; "he is in the custody of police"
• holding by the police; "the suspect is in custody"
• hands: (with `in') guardianship over; in divorce cases it is the right to house and care for and discipline a child; "my fate is in your hands"; "too much power in the president's hands"; "your guests are now in my custody"; "the mother was awarded custody of the children"

Custody is a 2007 Lifetime television movie, starring Rob Morrow, James Denton, and Kay Panabaker about a widower's fight for custody of his stepdaughter when her birth father who abandoned her returns. Aired on September 8, 2007. It was filmed in and around Ottawa, ON on locations such as the University of Ottawa, Rideau Canal, and Le Chateau Montebello. It was based on the book "Figures of Echo", by Mary S. Herczog.

Noun

• S: (n) detention, detainment, hold, custody (a state of being confined (usually for a short time)) "his detention was politically motivated"; "the prisoner is on hold"; "he is in the custody of police"
• S: (n) custody (holding by the police) "the suspect is in custody"
• S: (n) hands, custody ((with `in') guardianship over; in divorce cases it is the right to house and care for and discipline a child) "my fate is in your hands"; "too much power in the president's hands"; "your guests are now in my custody"; "the mother was awarded custody of the children"

Court Room

court: a room in which a lawcourt sits; "television cameras were admitted in the courtroom"

Noun

• S: (n) court, courtroom (a room in which a lawcourt sits) "television cameras were admitted in the courtroom"

A courtroom is the actual enclosed space in which a judge regularly holds court.

A small courtroom in Bern, Switzerland.

The schedule of official court proceedings is called a docket; the term is also synonymous with a court's caseload as a whole.

Criminal courtrooms are especially busy with a constant flow of arraignments and plea bargaining colloquies.

Courtroom design

[edit] United States

The judge generally sits behind a raised desk, known as the bench. Benches in U.S. federal courtrooms and some state courtrooms are usually bullet-resistant to protect judges from courtroom shootouts. Behind the judge are the great seal of the jurisdiction and the flags of the appropriate federal and state governments. Judges usually wear a plain black robe (a requirement in many jurisdictions). An exception was the late U.S. Supreme Court Chief Justice William Rehnquist, who broke tradition by adorning his robe with four gold stripes on each sleeve.

Adjacent to the bench are the witness stand and the desks where the court clerk and the court reporter sit. The courtroom is divided into two parts by a barrier known as the bar. The bar may be an actual railing, or an imaginary barrier. The bailiff stands (or sits) against one wall and keeps order in the courtroom.

On one side is the judge's bench, the tables for the plaintiff, the defendant, and their respective counsel, and a separate group of seats known as the jury box where the jury sits (in jurisdictions that allow for jury trials). Apart from the parties to the case and any witnesses, only the lawyers can literally pass the bar (court personnel and jury members usually enter through separate doors), and this is the reason why the term "the bar" has come to refer to the legal profession as a whole (see bar association). There is usually a podium or lectern between the two tables where the lawyers may stand when they argue their case before the judge.

There is usually an open space between the bench and the counsel tables, because of the court clerk and court reporter's tables in front of the bench and the jury box on the side. This space is called the well. It is extremely disrespectful to the court for persons who are not court employees to directly "traverse the well" without permission—that is, to walk directly towards the bench across the well—and some courts have rules expressly forbidding this.[1] Instead, if documents need to be given to or taken from the judge, attorneys are normally expected to approach the court clerk or bailiff, who acts as an intermediary. During trials, attorneys will ask the court's permission to traverse the well or "approach the bench" for "sidebar" conferences with the judge.

The other side of the bar is open to the general public and there are usually seats for curious spectators. This area is the gallery. Seating for the gallery can either be pew style benches or theater seats. In certain urban criminal courtrooms (e.g., Philadelphia and Chicago), the gallery is separated from the rest of the room by a partition of bulletproof glass to prevent injury to spectators (and vice versa), or to control them from charging across the bar in tension-filled cases.

All of the above applies only to trial courts. Appellate courts in the United States are not finders of fact, so they do not use juries or receive evidence into the record; that is the trial court's job. Therefore, in an appellate court, there is neither a witness stand nor a jury box, and the bench is much larger to accommodate multiple judges or justices.

The walls are often partially or completely wood-paneled. This is a matter of style and tradition, but some jurisdictions have elected to construct courtrooms with a more "modern" appearance. Some courtroom settings are little more than a closed circuit television camera transmitting the proceedings to a correctional facility elsewhere in order to protect the court from violent defendants who view the proceedings on television within a jail conference room and are allowed duplex communications with the judge and other officers of the court.

Multiple courtrooms may be housed in a courthouse.

[edit] England and Wales

Historic courtroom still in use in Brockville, Ontario

Courts vary considerably in their layout, which depends a great deal on the history of the building and the practicalities of its use. While some courts are wood panelled, most are not. Depending on the layout of the room, a claimant may sit on either the right or left in a civil court, just as the prosecution may sit on either side (usually the opposite side to the jury) in a criminal court.

In a criminal court, where the defendant was previously held in custody, the defendant will usually be escorted by members of the security firm that has the contract to serve that court. In rare circumstances in civil trials a bailiff or someone else charged to keep order may be present (for example if a tenant who is due to be evicted for violent behaviour arrives in court drunk).

Advocates usually speak standing up, but from where they were seated. There is rarely any space for them to move in any case.

All appellate courts are capable of hearing evidence (and also to be finders of fact), for example where there is an allegation of bias in the lower court, or where fresh evidence is adduced to persuade the court to allow a retrial. In those cases witness evidence may be necessary and many appellate courts have witness stands.

Flags are rarely seen in English courts. It is most common for the Royal Coat of Arms to be placed above and behind the judge, or presiding magistrate, although there are exceptions to this. For example in the City of London magistrates' court a sword stands vertically behind the judge which is flanked by the arms of the City and the Crown.

[edit] Scotland

As in other countries, the judge or sheriff sits on the bench. Directly below the bench is the clerk's station which usually has a computer to allow the clerk to get on with Court Disposal work during proceedings.

Directly in front of the clerk is the well of court which has a semi-circular table at which all the advocates sit during proceedings. The Procurator Fiscal or Advocate Depute always sits in the seat at the right of the clerk during criminal proceedings.

Behind the well of the court is the dock in which the accused will sit during proceedings. Dependent on the style of the courtroom, the jury box will either be on the right or left hand side of the well of the court. Scotland is unique in the western world in that it has 15 jurors.

Usually to the right or left of the bench (again dependent on style and always directly opposite the jury) slightly raised and facing forward is the stand where any witness who is called will give evidence. The stand is designed so that any solicitor examining a witness as well as the judge/sheriff may get a good view of the testimony. At the far side of the courtroom directly opposite the jury box and behind the stand are seats for journalists who are attached to the court and the court social worker. Seats for members of the public are the back of the courtroom.

There is no court reporter in Scotland, normal summary cases are simply minuted by the clerk indicating the disposal. If the case is a solemn (more serious) case involving a jury or if the case has a sexual element then proceedings will be tape recorded which is done under the supervision of the clerk.

Court Date

Legal

• established by or founded upon law or official or accepted rules
• of or relating to jurisprudence; "legal loophole"
• having legal efficacy or force; "a sound title to the property"
• relating to or characteristic of the profession of law; "the legal profession"
• allowed by official rules; "a legal pass receiver"

Law[4] is a system of rules, usually enforced through a set of institutions.[5] It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed. If the harm is criminalised in a statute, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between Sovereign States in activities ranging from trade to environmental regulation or military action. Intellectual property law protects trademarks and provides compensation to inventors and writers through patents and copyrights. Writing in 350 BC, the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual."[6]

Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions, which codify their laws, and common law systems, where judge made law is not consolidated. In some countries, religion informs the law. Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread."[7] In a typical democracy, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.

Personal Injury

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another.

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.[1] The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation torts.

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases.

If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a "contingency basis," in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpratice cases.

Legal Aid for personal injury cases was largely abolished in England in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful (known as No win, no fee).[4]

No win no fee is the term used to describe the Conditional Fee Agreement (CFA) between a law firm and their client. In a Personal Injury claim, this is an agreement between the client and their lawyer, which will enable the lawyer to take on a personal injury case on the understanding that if they lose the case, the client will not have to pay their lawyer’s costs.

However, if the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer’s standard fee.

Pain, suffering and loss of amenity

Aside from compensation for injuries, the injured person can also get compensated for how the injuries have affected his or her life. An example, a keen cricketer suffers a wrist injury which prevents him from playing cricket during the cricket season. This can be compensated for, over and above the award for the injury itself. This is called loss of amenity, and the award for loss of amenity is part of the claim for pain, suffering and loss of amenity.[5]

In the same manner the injured person can also be compensated if, as a result of the injuries, there has been an inability to doing work which was previously really enjoyed. This is called loss of congenial employment.

Injury

• any physical damage to the body caused by violence or accident or fracture etc.
• wound: a casualty to military personnel resulting from combat
• an act that causes someone or something to receive physical damage
• wrongdoing that violates another's rights and is unjustly inflicted

Noun

• S: (n) injury, hurt, harm, trauma (any physical damage to the body caused by violence or accident or fracture etc.)
• S: (n) injury, accidental injury (an accident that results in physical damage or hurt)
• S: (n) wound, injury, combat injury (a casualty to military personnel resulting from combat)
• S: (n) injury (an act that causes someone or something to receive physical damage)
• S: (n) injury (wrongdoing that violates another's rights and is unjustly inflicted)