Вы находитесь на странице: 1из 2

WHEN THE LAST SYSTEM OF JURY ? 1. WHO IS JURY ?

1. In the law, a jury is a body of citizens in a common law jurisdiction which decides questions of
fact in a legal case. The members of a jury are known as jurors. In English law, juries are only used in civil cases for criminal libel, or in some cases where the state is the defendant, such as some cases of wrongful imprisonment. In most criminal justice systems which require juries, panels are initially selected at random from the adult population of the district served by the courtconcerned. Individuals once selected are required by law to serve, often with exemptions for people whose job in some way precludes them (for instance,teachers, doctors, or people who themselves work in the criminal justice system), are caring for young children, or who have health problems. Mostjurisdictions also limit jury service to citizens. 2. A Jury is a group of citizens which hears the testimony in legal disputes and determines what it believes is the truth. The word jury is derived from the French jurer, which means "to swear an oath. COURT OF THE EQUITY- PRINCIPLE EQUITY ?

1. A court of equity is a court which can apply equitable remedies to disputes. Courts
of equityoperate within the legal system, but rather than focusing on the application of law, they look at cases and determine outcomes based on fairness. Also known as chancery courts, courts ofequity can be found in many regions of the world. In some areas, they operate entirely separately from courts of law, and in others, a court of law is empowered to handle both legal and equitable remedies.

2. The concept of a chancery court arose in England when citizens began to express
dissatisfaction with legal judgments handed down by the courts. They argued that the law was sometimes unfair, and that some situations were not covered by the law, making it impossible for the courts to respond. Courts of equity arose to handle legal situations in which people might want damages beyond monetary damages, with the judge empowered to act on discretion, rather than following the rule of the law. 3. A court of equity still has some legal responsibilities, but it has more leeway when it comes to judging cases. It can hand down a judgment which includes an equitable remedy such as aninjunction, as opposed to simple monetary damages. Courts of equity can be used for things like specific performance, for example, in which someone is asked to make good on a breach of contract. 4. The judge in a court of equity can weigh many different sides to a case and explore different perspectives to arrive at a judgment. This gives the judge an opportunity to use discretion and judgment, rather than having to rely on the narrow confines of the law. The outcome may be deemed more fair or equitable in those cases heard in a court of equity. 5. In areas where courts of equity and courts of law are separate, people may have the option of filing a case with one or the other, depending on the type of case and the policies. In areas where courts are empowered to act in both capacities, the judge can consider the issue of equitywhen developing a sentence or responding to a request for an equitable remedy. Judges who serve in such courts must demonstrate a capacity for critical thinking, discretion, and fairness beyond a basic understanding of the law, as the judge's capacity for evaluating a case fairly can be critical in a court of equity.

SUBPOENAS 1. Subpoena translates to "under punishment" in Latin. It is an order from a court for a person to appear at a trial under punishment for failure to appear. If the person given a subpoena does not appear, some courts have the discretion to find the person in contempt of court and either order the persons arrest or issue fines accordingly. The term subpoena is primarily used in US courts. The preferred term in the UK is now Witness Summons, at least in civil trials. In either country, the subpoena is usually written by the court clerk after he or she has been given a list of witnesses for a trial. The court clerk then writes out, usually in a form letter, a request for the witness presence at a specific date and time for testimony. 2. When the testimony has lagged or the trial has been delayed, those receiving a subpoena still must appear at the specified date and time. The witness may then be given another date and time to appear, or may have to wait several hours or days to deliver testimony. If one has a time conflict of a serious nature, contacting the court or the attorneys may help change the subpoena date to a better time. In some cases, testimony has been given over long distances, or has taken place in locations other than the court, such as hospitals. In these cases, both the defense and prosecuting lawyer must be present so that fair examination and cross-examination can both take place. When a subpoena is issued, it is usually the responsibility of the attorney to deliver it. In criminal cases for example, the defense lawyer will deliver subpoenas to any witnesses who might help prove innocence. The prosecuting attorney will deliver subpoenas to those who can help prove the guilt of the accused.

COURT OF CHANCERY 1.T he typical Court of Equity (also known as Court of Chancery) decision would prevent a person from enforcing a common law court judgment. 2. The kings delegated this special judicial review power over common law court rulings to a judge called chancellor, the court the Chancery. Later, this was too much work for a single judge and more judges were appointed, called chancellors. The term Chancellor is still in use in England today and now refers to the British minister of justice. Thus, a new branch of law developed known as equity, with their decisions eventually gaining precedence over those of the common law courts

Вам также может понравиться