What is legal procedure?

TRANSLATED FROM WIKIPEDIA: Litigation law, arbitration law or correctional law, or court rules include rules that allow the court to hear and decide what happens in civil, contentious, criminal or administrative proceedings. This rule is designed to ensure that due process (United States) or fundamental justice (other common law countries) is applied fairly and consistently in all cases that come before the courts.Substantive law refers to actual claims and defense, and its validity is tested through litigation law procedures, but unlike litigation law.

In the context of litigation law, litigation rights are the right to information, access to justice and advice, the right to public participation, the right to confront the accuser and the fundamental presumption. of innocence (regular). comprehensive prosecutions. There are various exceptions to different jurisdictions, but the burden of proof must be respected), and these rights include general civil and political rights. Under environmental law, these procedural rights are reflected in the UNECE Convention on “Access to Information, Public Participation in Decision-making and Access to Justice in Matters”. environment ”, known as the Aarhus Convention (1998).

Although different court proceedings aim to resolve many types of disputes, court proceedings have some common characteristics. For example, all legal proceedings are linked to due process. Unless there are very specific conditions, the court may impose civil or criminal penalties on persons who have not been notified that proceedings have been initiated, or who have not had a fair opportunity to present evidence.

The standardization of the means by which proceedings are filed, parties are notified, evidence is presented and facts are determined aims to maximize the impartiality of all proceedings. However, strict procedural rules have certain drawbacks. For example, it could impose certain deadlines on the parties to speed up or (more often) slow down the proceedings. In addition, parties who are unfamiliar with the rules of court may break guidelines that have nothing to do with the substance of the proceedings, but failure to follow those guidelines can greatly reduce their chances. The procedural system argues that judges should have greater discretion to avoid strict rules, and judges to avoid consequences based on the judge's personal preference rather than the law. Is constantly torn between arguments that should have less discretion or the facts.

Judicial procedures are also designed to, in a broader sense, ensure the best allocation of judicial resources. For example, in most general courts in the United States, criminal proceedings take precedence over civil proceedings. Indeed, the accused is in a position to lose his liberty and must have the first opportunity to hear the proceedings. (https://ift.tt/3luQfti)