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procedure,

in law, the rules that govern the obtaining of legal redress. This article deals only with civil procedure in Anglo-American law (for criminal procedure, see criminal lawcriminal law,
the branch of law that defines crimes, treats of their nature, and provides for their punishment. A tort is a civil wrong committed against an individual; a crime, on the other hand, is regarded as an offense committed against the public, even though only one
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). Except for evidenceevidence,
in law, material submitted to a judge or a judicial body to resolve disputed questions of fact. The rules discussed in this article were developed in England for use in jury trials.
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, procedure conventionally embraces all matters concerning legal actions that come to trial; thus, procedure is the means for enforcing the rights guaranteed by the substantive law.

Current Civil Procedure

A legal action, in its simplest form, is a proceeding of a plaintiff against a defendant from whom redress is sought. The plaintiff begins a lawsuit by filing a complaint, a written statement of his or her claim and the relief desired, with a court that has jurisdiction (authority to hear the case). The defendant is served a process (e.g., a summons) that notifies him or her of the suit and usually responds with an answer. Failure to respond ordinarily entitles the plaintiff to a judgment by default.

Today, liberal rules of pretrial discovery allow parties to a civil action to obtain information from other parties and their witnesses through depositions and other devices. Discovery (i.e., disclosure) is now used to ascertain the facts believed by the other side to exist, and to narrow the issues to be tried. At common lawcommon law,
system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm, as opposed to the custom of local jurisdiction that
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, pleadings performed this function, and they were continued beyond the complaint and answer until an issue was agreed upon.

The issue is one of law if the defendant denies that the alleged acts are a violation of substantive law entitling the plaintiff to relief; it is one of fact if the defendant denies committing any of the alleged acts. The judge rules on an issue of law, and if the judge upholds the defendant the suit is dismissed. An issue of fact is resolved by the presentation of evidence to the juryjury,
body convened to make decisions of fact in legal proceedings. Development of the Modern Jury

Historians do not agree on the origin of the English jury.
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, or, in cases tried without a jury, by the judge. After the jury has delivered a verdict on the factual issue, the judge renders a judgmentjudgment,
decision of a court of law respecting the issues before it. The term ordinarily is not applied to the decree (order) of courts of equity. The outstanding characteristic of a legal judgment, in contrast to an equitable decree, is its finality and fixity; thus, except
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, which in most (but by no means all) instances upholds the verdict. At this point the case is closed (unless the losing party prosecutes an appealappeal,
in law, hearing by a superior court to consider correcting or reversing the judgment of an inferior court, because of errors allegedly committed by the inferior court.
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), and the plaintiff, if having won, proceeds to execution of the judgment.

Evolution of Procedural Law

Current procedural law has had a long historical evolution. The early common law allowed an action to be brought only if it closely conformed to a writwrit,
in law, written order issued in the name of the sovereign or the state in connection with a judicial or an administrative proceeding. Usually the writ requires the person to whom the command is issued to report at a fixed time (the return day) with proof of compliance or a
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. Rigorous enforcement of the rule "no writ, no right," and the small number of available writs acted to deny relief even in meritorious cases and stimulated the growth of equityequity,
principles of justice originally developed by the English chancellor. In Anglo-American jurisprudence equitable principles and remedies are distinguished from the older system that the common law courts evolved.
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, which, in its early days, gave redress generously.

By the 19th cent., however, the technical intricacy of equity and law procedure and the tendency to make cases hinge on procedural details rather than on substantive rights made reform imperative. The way was led by the New York code of civil procedure of 1848 (largely the work of David Dudley FieldField, David Dudley,
1805–94, American lawyer and law reformer, b. Haddam, Conn.; brother of Cyrus W. Field and Stephen J. Field. He was graduated from Williams (1825), studied law in Albany and New York City, was admitted to the bar in 1828, and soon had a large practice
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), which abolished the distinction between law and equity (thereby effecting great simplification) and established the cause of action as the procedural cornerstone. A similar reform was accomplished in Great Britain by the Judicature Acts of 1875. Today the procedure of most American jurisdictions is based on codes (like that of New York) rather than on common law and equity, although the influence of these separate categories is still frequently discernible.

Bibliography

See J. Michael, The Elements of Legal Controversy (1948); P. Carrington, Civil Procedure (1969).

procedure

[prə′sē·jər]
(computer science)
A sequence of actions (or computer instructions) which collectively accomplish some desired task.
In particular, a subroutine that causes an effect external to itself.

procedure

A series of predetermined maneuvers for the orderly transfer of an aircraft under instrument flight conditions from the beginning of the initial approach to a landing or to a point from which a landing may be made visually or the missed approach procedure is initiated.

procedure

1. the established mode or form of conducting the business of a legislature, the enforcement of a legal right, etc.
2. Computing another name for subroutine

procedure

procedure

(1) Manual procedures are human tasks.

(2) Machine procedures are lists of programs or operating system functions to be executed. A mainframe uses job control language (JCL). Unix systems use shell scripts. Windows machines use batch files.

(3) In programming, a procedure is another term for a subroutine or function.
References in periodicals archive ?
11,12) There are no data available to demonstrate a viral load threshold below which HIV transmission is unlikely to occur following an antenatal invasive procedure.
With the use of combination antiretroviral therapy before antenatal invasive procedures, the risk of MTCT is reported to be similar to that of a HIV-infected pregnant woman who has not had an invasive procedure.
A minimally invasive procedure involves the use of laparoscopic devices and special medical equipment such as fibre optic cables, surgical instruments and miniature video cameras.
According to the Cleveland Clinic, the advantages of minimally invasive breast biopsy (one of several minimally invasive procedures now available to women) include:
Because it's a minimally invasive procedure with no incision (3 mm puncture), patients experience less pain during and after the HydroDiscectomy procedure.
The device can be surgically implanted in a minimally invasive procedure that is typically performed with local anesthesia in less than an hour.
Gynesonics VizAblate TM system permits the gynecologist to diagnose, target and treat multiple fibroid tumors simultaneously and provides significant advantages over existing invasive procedures as well as other minimally invasive techniques being developed.
Initially, patients benefited more from invasive procedures than from medical management, but revascularization was associated with excess perioperative mortality.
When people were asked in a Newsweek poll what they would do if their health care workers were HIV positive, 15 percent would continue treatment but the health care worker would have to use stringent protective measures, 13 percent would continue treatment but would exclude surgery and other invasive procedures, and 65 percent would discontinue all treatment with that person.
A somewhat sensationalized story topped the evening news and included an interview with a former Kaiser employee who said she'd served as Nemeth's medical assistant and saw him perform many invasive procedures.
On August 7, CDC convened an ad hoc meeting of representatives of professional societies, institutions, and public health and other organizations to discuss a process to develop a list of exposure-prone invasive procedures that CDC will publish as a national reference.
However, the rate of growth and the overall number of non-invasive procedures done in a year remain higher when compared to invasive procedures.

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