Abcs Of Civil Maritime Litigation
In common law countries, on the one hand, an important part of customary law is a law, not written in laws or regulations. Secondly, it is considered that precise meaning of these customs or practices - and the written law. (civil maritime litigation). It becomes clear only when courts have to apply it in practical situations. This is the case, the accumulation of decisions (previous) and, in particular, motivations (ratio decidendi) that judges give which is the main source of law, as the law itself.
Sometimes, however, there is no dispute and a court hearing is necessary for the establishment, in cooperation with parties, a legal relationship that law does not allow parties to establish themselves independently.
These are the cases of voluntary jurisdiction, which, according to many authors, it is not jurisdictional activity itself but materially administrative activities that law has given to courts, as an exception to principle of separation of powers.
The concept of action was known to Roman law where it was called (entitled to make its claim by a process). The concept Romance tended to identify action with right through it is claimed, for the tendency of Roman law - but also found in other systems, such as those of common law - to provide one share for each right subjective to be protected, without explicitly give it (so that its existence can be inferred only from the fact that is an action that protection).
The report of case is to be distinguished from the legal relationship related to substantive law to which the implementation process is designed. It has its own premises (procedural requirements. That is, facts whose existence is a necessary condition to justify a power and duty of court to rule on the substantive law; where these conditions are lacking, the report of case is equally outstanding, but with court is a different power and duty to report their absence.
The district court on the other hand are not bound by the decisions of a court appeal in a district other than the one to which they belong: they can cite their decisions, but there is no requirement in s comply therewith). The main question about the rule of precedent is when not to apply. In principle, the lower courts are strictly bound by precedents of superior courts.
But a court is not necessarily bound by its own precedents. This is never the case in United States. Instead, the British tradition requires that a court be held in its own precedents, at least when it comes to most important classes, those whose decisions are considered sources of law. This precedent was set for the House of Lords, the previous London Street Tramways v London County Council in 1898.
Action due to public prosecutor in nature of power. This is the case of prosecution, in which the claim is made public punishment (the right to punish) that arises as a result of commission of an offense. It should however be noted that, in some cases, the order may provide for action of prosecutor in civil matters. Action of prosecutor may be mandatory or discretionary, according to which he is obliged to exercise it, if the circumstances so require, or to assess the opportunity from time to time of year.
Sometimes, however, there is no dispute and a court hearing is necessary for the establishment, in cooperation with parties, a legal relationship that law does not allow parties to establish themselves independently.
These are the cases of voluntary jurisdiction, which, according to many authors, it is not jurisdictional activity itself but materially administrative activities that law has given to courts, as an exception to principle of separation of powers.
The concept of action was known to Roman law where it was called (entitled to make its claim by a process). The concept Romance tended to identify action with right through it is claimed, for the tendency of Roman law - but also found in other systems, such as those of common law - to provide one share for each right subjective to be protected, without explicitly give it (so that its existence can be inferred only from the fact that is an action that protection).
The report of case is to be distinguished from the legal relationship related to substantive law to which the implementation process is designed. It has its own premises (procedural requirements. That is, facts whose existence is a necessary condition to justify a power and duty of court to rule on the substantive law; where these conditions are lacking, the report of case is equally outstanding, but with court is a different power and duty to report their absence.
The district court on the other hand are not bound by the decisions of a court appeal in a district other than the one to which they belong: they can cite their decisions, but there is no requirement in s comply therewith). The main question about the rule of precedent is when not to apply. In principle, the lower courts are strictly bound by precedents of superior courts.
But a court is not necessarily bound by its own precedents. This is never the case in United States. Instead, the British tradition requires that a court be held in its own precedents, at least when it comes to most important classes, those whose decisions are considered sources of law. This precedent was set for the House of Lords, the previous London Street Tramways v London County Council in 1898.
Action due to public prosecutor in nature of power. This is the case of prosecution, in which the claim is made public punishment (the right to punish) that arises as a result of commission of an offense. It should however be noted that, in some cases, the order may provide for action of prosecutor in civil matters. Action of prosecutor may be mandatory or discretionary, according to which he is obliged to exercise it, if the circumstances so require, or to assess the opportunity from time to time of year.
About the Author:
You can visit www.clinmuzyka.com for more helpful information about Basic Overview Of Civil Maritime Litigation.