procedure

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Related to Procedure Law: Criminal Procedure Law, Civil procedure law

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 ?
10 of 2017 issued on 28 September 2017 (which amended the UAE Civil Procedure Law in several respects), provided that Articles 5 to 19, 42 to 54, 70 to 83, 125 to 136, 140 to 149 and 219 to 331 of the UAE Civil Procedure Law would remain in force until repealed by the issuance of a Cabinet Decision which would regulate those areas of the Civil Procedure Law.
Egypt's Criminal Procedure Law, which is known as the country's second constitution, is scheduled to witness a full amendment after the government has forwarded a draft of 320 articles to the parliament for discussion, and will be dissolved by the end of January.
The new criminal procedure law that took effect last year resulted in the revival of the case, along with other cases against him.
145 Criminal Procedure Law because of a regulatory omission, we cannot say that during the term of 45 days that article is being suspended because a legal provision which does not exist may not be suspended.
The revisions to the Criminal Procedure Law presented during an annual parliament session will allow police to detain suspects only in certain serious crimes under "residential surveillance" outside their homes or state-run detention centers.
Procedure Law. But, if he is taken into custody due to an error on the part of the investigating official, then the compensation should be levied on the investigator.
Bin Deemas explained that the Criminal Procedure Law does not specify how a death sentence is carried out.
The Eminent Domain Procedure Law allows property owners to seek reimbursement for attorneys' fees, costs and expenses when the court's condemnation award is substantially in excess of the condemnor's initial valuation.
Holding a press conference on the Strategy and Action Plan to Make Istanbul an International Finance Center, Babacan said the income tax law and tax procedure law should be reviewed.
The main partner of the National Congress Party in the national unity government said it would put pressures on the NCP to review laws like National Security Law, Press and Media Law, Code of Criminal Procedure Law
The prevailing party in a foreign arbitration proceeding is required by China's Civil Procedure Law to file for an application of enforcement within six months of the date that the award was received.
Thus, national contract, negligence, securities and civil procedure law will determine the extent of the effect of the measures.

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